I just signed a lease today, then I discovered tons of mold growing under the sink, I live in Indiana, paid a deposit, can I back out now?

Get Legal Help Today

 Secured with SHA-256 Encryption

I just signed a lease today, then I discovered tons of mold growing under the sink, I live in Indiana, paid a deposit, can I back out now?

Asked on June 27, 2009 under Real Estate Law, Indiana

Answers:

J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I am a lawyer in CT and practice in this area of the law.  I suggest taking pictures or having the landlord come over to clean it as you probably wont be able to get the deposit back now that you signed the lease and moved in unless the landlord breached the lease.  The landlord could be said to have breached the lease by not providing you with sanitary housing in violation of a building code or whatever, but i would need to see the apartment.  Mold itself, unless violaing a code can be cleaned/remediated.  I suggest asking the landlord to clean as unless you are willing to move and leave the state and do not care is a judgment enters against you for back rent.  Try to work it out before you go to battle and claim that you are leaving as a result of unsanitary conditions that you discovered (i.e. latent defects in the premises).


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