Early Termination Of Lease

[Louee V]

Jurisdiction

California

Can I use the IMPLIED WARRANTY OF HABITABILITY to break my lease?
I have complained to the property manager repeatedly regarding Mold and Mildew. The issue never gets rectified and they always use a quick fix. Me and my family started getting sick; breathing problems, allergies, eye issues just to name a few so, I decided to have my apartment tested for Mold. The tests came back positive for Black Mold. How can we get out of this lease quickly...

 

[adjusterjack]

How can we get out of this lease quickly...

That's easy. If your family is sick from the mold, you pack up, leave, and find another place to live. It's that simple.

The landlord isn't going to give you permission and he isn't likely to give you any money back. Might even sue you for breaching the lease.

The statute on habitability doesn't provide any particular procedure to follow and doesn't provide any penalties against the landlord.

Law section.

What you have, however, is a defense to a lawsuit that depends on how well you document the conditions and your notices to the landlord.

 

[zddoodah]

Can I use the IMPLIED WARRANTY OF HABITABILITY to break my lease?

Can you do this? Sure you can. You can move out any time you like. If the landlord hasn't agreed in advance, then you can probably expect not to get your security deposit back and maybe to be sued for the remainder of the rent through the end of the lease term. The landlord may also make a derogatory report on your credit, and you'll then have to contest that. We are obviously in no position to reliably predict whether you'll win either or both of those fights.

What you have, however, is a defense to a lawsuit that depends on how well you document the conditions and your notices to the landlord.

Concur.