If my daughter signed a lease agreement site unseen, can she get out of the agreement and get her security deposit/first month’s rent returned?
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If my daughter signed a lease agreement site unseen, can she get out of the agreement and get her security deposit/first month’s rent returned?
She moved from across the country. She walked in the place and immediately smelled mold; she is very sensitive to mold.
Asked on August 17, 2012 under Real Estate Law, Tennessee
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Not unless she wrote some sort of stipulation in to the lease agreement giving her a right to do so or the landlord in some way misrepresented the apartment on which she relied and was induced to rent because of it. These are contractual "loop holes" so to speak. What she can do is to take the landlord to court for a breach of the warranty of habitability and ask for an abatement (reduction) of the rent and for the landlord to take care of the problem. Have her pay the rent in to court and if the problem does not go away she can ask to void the lease. Good luck.
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