If my daughter signed a lease agreement site unseen, can she get out of the agreement and get her security deposit/first month’s rent returned?

She moved from across the country. She walked in the place and immediately smelled mold; she is very sensitive to mold.

Asked on August 17, 2012 under Real Estate Law, Tennessee

Answers:

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

Answered 8 years ago | Contributor

Not unless she wrote some sort of stipulation in to the lease agreement giving her a right to do so or the landlord in some way misrepresented the apartment on which she relied and was induced to rent because of it.  These are contractual "loop holes" so to speak. What she can do is to take the landlord to court for a breach of the warranty of habitability and ask for an abatement (reduction) of the rent and for the landlord to take care of the problem.  Have her pay the rent in to court and if the problem does not go away she can ask to void the lease.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.