Is a tenant obligated to a lease if mold is discovered in the property?

UPDATED: Oct 1, 2022

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Is a tenant obligated to a lease if mold is discovered in the property?

I rented a property in Boulder, CO over the internet, but after a while, the smell in
the property was getting bad. Although I have not had it tested yet, I wanted to
know if I can end the lease if it determined that mold exists in the property.

Asked on September 12, 2017 under Real Estate Law, Colorado


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You *may* be able to terminate the lease early without penalty but:
1) The condition must be bad enough that it affects habitability (the ability to live there in safety and health) and/or quiet enjoyment (the ability to use the proper free from unreasonable disruption);
2) You *must* have provided your landlord with written notice (ideally, sent some way you can prove delivery) of the problem;
3) After providing written notice of the problem, you have to provide your landlord with a reasonable opportunity (typically several weeks time) to deal with the situation.
Only if all three factors above apply and the landlord *still* doesn't address the problem would you be able to treat the lease as terminated by the landlord's breach of the implied warranties of habitability and/or quiet enjoyment.

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 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.

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