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

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 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.


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