Can you get your deposit back if you brokea lease due to unsanitary and unsafe living conditions?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can you get your deposit back if you brokea lease due to unsanitary and unsafe living conditions?

There were leaking ceilings, mold in the bathroom, sunken floors, and rats in the ceilings.

Asked on January 28, 2012 under Real Estate Law, Illinois

Answers:

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

Answered 9 years ago | Contributor

Oh my goodness!  Your situation is a breach of the warranty of habitability.  What you should have done wasgo to court to ask the court to void the lease if the problems were not fixed in a timely manner.  Now, generally speaking a security deposit is for damage to an apartment but some states do allow the landlord to apply it to rent owed.  You need help here so that you arenot sued for the remaining months of the lease.  Try legal aid or a tenant's rights group. 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption