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Mold in an apartment not fixed before moving in Breaking a Lease

Discussion in 'Other Residential Landlord & Tenant Issues' started by Charmerp, Jun 3, 2015.

  1. Charmerp

    Charmerp Law Topic Starter New Member

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    My boyfriend and I signed a lease and moved into an apartment. Upon entering we noticed an odd smell and just assumed it was the humidity from all of the recent rainfall. As we looked around we realized there was a large patch of mold in the corner of our bathroom along with a cup from a gas station sitting on the floor to catch the water dripping from the ceiling. Therefore, the apartment knew of the problem before we signed and moved in, and neglected to fix it. Because it is so large, they have had to cut a large area of our ceiling out and the wood is black and covered with mold. We do not feel safe here. We can not even shower in the room because they refuse to fix it until it is dry. On top of all of this, our electricity went out the same day we moved in and was not fixed until three o clock the next day. Thway told us the problem was the rusted breaker box due to the leak and that they had solved it. That night I began to cook and as I turned the stove on the breaker box made sparking noises repeatedly. I the. Left the apartment and we now want out of our lease. They knew the issue was there before hand and did nothing to fix it. Can I break my lease without penalty? They did not hold up their end of giving us a safe and secure place to live so I don't feel as though I should have to hold up my end of staying in the unlivable apartment.
     
  2. army judge

    army judge Super Moderator

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    You can break your lease, but it'll cost you more than you can imagine.
    You moved in without checking the unit before signing the lease and handing over your money.
    I suggest you speak with your landlord or apartment manager about buying your way out of the lease.
    Breaking a lease can be done, but its a tedious, slow, elaborate process that requires proof, not just mere accusations.


    These sites explain the process, but be very careful, go very slow, or you'll regret it:


    http://www.nolo.com/legal-encyclopedia/tenants-right-break-rental-lease-texas.html

    http://www.ehow.com/how_7630218_break-rental-lease-unlivable-conditions.html



    http://consumer-sos.com/Texas/Landlord_&_Tenant/landlord_tenant.htm


    Next time, do a walk through in the daylight, take pictures and videos, and document everything, don't pay or move in unless EVERYTHING is to your liking. Don't move in on promises, only results.
     
    Last edited: Jun 3, 2015

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