Is it legal for my apartment complex to charge me a fee to break my lease if the apartment isn’t liveable?

I found mold growing in my air conditioner unit. I notified my apartment complex about the issue. They let maintenance clean the area and now I can’t breathe in my apartment. I have not lived there in over a week. I told the apartment manager about it and they said they aren’t going to do anything else.

Asked on September 9, 2012 under Real Estate Law, North Carolina


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

It is legal for the apartment complex to hold you to your lease absent an agreement otherwise or a court order declaring it void.  You need to go to court to ask the court to void your lease due to the breach of the warranty of habitability.  Good luck.

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