If Ihave found mold or mildew on my bedroom walls, canI legally break my lease?

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If Ihave found mold or mildew on my bedroom walls, canI legally break my lease?

I’m almost 3 months into my lease.

Asked on November 28, 2011 under Real Estate Law, Oklahoma

Answers:

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

Answered 9 years ago | Contributor

Mold is a problem everywhere these days and a serious concern for landlords and tenants alike.  Having mold comes under what is known as a breach of the warranty of habitability that comes with renting a apartment.  But you can no just break the lease.  That would leave you in breach with out establishing your right to do so.  Go down to landlord tenant court and ask to start an action based upon the breach of the warranty of habitability and asking the court to allow you to pay you rent in to court and to possibly allow you to relocate for the time being while the problem is taken care of.  The court will allow the landlord to take care of the problem or try to at least fix it.  If he can not then you need to ask that the lease be voided and that you are permitted to leave.  Otherwise you will be in breach.  Good luck. 


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