If I found out that there is asbestos in my apartment, can I break my lease?

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If I found out that there is asbestos in my apartment, can I break my lease?

I was told I wouldn’t be able to break my lease because there was a passage about the asbestos in the lease.

Asked on May 7, 2012 under Real Estate Law, Texas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Whether or not you can terminate your lease with your landlord withut recourse for the balance of its term due to the presence of asbestos in the rental depends upon what is stated on the subject in the lease and if the landlord specifically disclosed to you before you signed the lease for the rental that asbestos was present in it.

As such you need to carefully read your lease in that its terms and conditions control the obligations owed to you by the landlord and vice versa in the absence of conflicting state law.

If the landlord knew there was asbestos in the rental before you rented it and did not disclose this material fact to you, then you could have a basis for ending the lease without recourse.


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