Getting out of a lease is very easy for the tenant. A law forcing you to pay rent and live in a place you don't want to would be unconstitutional. Your problem is you want to leave and get the deposit back. This is a little harder to do. In most places if you stop paying rent and leave, you breach the contract and the landlord can keep damage deposits. If you give proper notice and pay all rent owing, its easier to get the deposit back. Assuming no damage. Not giving proper notice is considered damages in terms of rent owing for at least the next month. In theory, in most places the landlord must keep the premises liveable. I.e.: no water, electricity, or heat, etc. The landlord must fix it in a reasonable time. In most places the landlord is on the hook for reasonable hotel costs until its fixed. If the tenant fixes these things because the landlord fails to do so. Or even in an emergency situation, landlord couldn't be reached and you make the repairs. You can ask to be reimbursed by the landlord. If the landlord fails to pay, you can take them to court or most states have some form of arbitrage system. But in almost all places you leave and stop paying rent you loose your rights and money. Even if you give notice in most cases, you might not get back your full deposit. Basically you need to pay rent. Either fix the issue and take them to court for reimbursement or move.
I appreciate your good intentions and some good information. That said, statements like
"Getting out of a lease is very easy for the tenant" are likely to incite pandemonium here and for good reason. Many will tune out the rest of what you may say (which is mostly good but marred by a very poor opening.)
Preface: It's not so easy to get out of a lease in this country. Procedure is important.
1) You must notify the landlord about a situation that needs to be remedied and, most importantly, look at the terms in your lease for protocol. Make sure you have proof. Telephone calls can easily become a disputed matter, especially in court. The recommendation to report it to an agency and/or give written notice via a certified mail method is good. Email is the very least you should rely upon and an ensuing conversation. It also provides a paper trail for dates.
2) As
@adjusterjack refers, there are also state and others laws which may apply regarding the conditions for leaving - or which effectively evicts you from your apartment. If it's winter and the heat goes out for a day, can you terminate your lease while the landlord goes through the process of getting the heat fixed? Does it even make sense, especially when the tenant can purchase electric heaters to heat the apartment and then deduct the cost of remedying the situation to the landlord? Or can the tenant stay elsewhere for a day and deduct the costs and days of losing the apartment? I don't know that the mold in the apartment rises to the level of "constructive eviction", especially when the tenant hasn't provided notice to the landlord about obtaining self help if the landlord does not take remedial measures.
It is true that if the tenant simply stops paying rent, the tenant can be charged with a breach of the lease. A minor breach can be cured. A major breach (called a "material breach" or sometimes a "substantial breach") means the contract may be deemed terminated. The tenant may then be evicted and charged for damages.
Yes, there are similarities. But the reality is that many landlords that have some money and belief that a tenant has the means will pursue a tenant who breaches a lease. The attorney file the paperwork, the tenant may default, judgment filed. Regardless, it's a big pain that could and should be easily avoided.
