If I have mold in my condo as a result of a slow and long-term leak, can I break my lease even though the landlord is working to have the problem fixed?

UPDATED: Aug 12, 2012

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If I have mold in my condo as a result of a slow and long-term leak, can I break my lease even though the landlord is working to have the problem fixed?

We recently noticed mold in a corner of the bathroom. The plumber fixed the leak but I was informed that the damage is significant and both bathrooms must be ripped out to treat the water/mold damage. The living room wall must also be repaired along with the carpet. They want us to move into a hotel for 2 weeks. Not acceptable! I just want out. I do not believe by any stretch of the imagination that the extensive repaires described will be complete in 2 weeks. My landlord won’t respond to my requests to break the lease. What can I do? I am sitting in a mold infested house.

Asked on August 12, 2012 under Real Estate Law, Ohio


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Unless there is some health inspection order or some order from the local building and inspection department that the rental that you occupy is not safe or human habitation you are not entitled to unilaterally terminate your lease concerning the mold issue that you have written about without recourse to the landlord. I suggest that you consult with a landlord tenant attorney further about your situation for additional guidance.

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