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

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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

Answers:

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

Answered 11 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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