If I am moving out due to mold in my rental, am I entitled to get back my security deposit?

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If I am moving out due to mold in my rental, am I entitled to get back my security deposit?

I moved into a rental house a week ago. Right away I noticed a musty odor and I started to feel sick. I ended up in emergency with bacterial pneumonia. I talked to my landlord and told her I suspected mold. A guy came out who is not a professional, sprayed something on the walls and left. I told her the smell is still there she is saying that I can move out but she has no money to give me back because she spent it. Prior to move in I had given her a security deposit and 1st month’s rent. I feel I am entitled to my security deposit back. Should I just let it go?

Asked on February 9, 2012 under Real Estate Law, Pennsylvania

Answers:

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

Answered 9 years ago | Contributor

No you should not just let it go.  First, if you signed a lease make ure that you get a release of the lease agreement or cancellation signed by her making it void.  Otherwise it is still binding.  If she will not give it to you go to court and ask them to void the lease.  You will have to bring a proceeding about the mold.  It breaches the warranty of habitability.  And a security deposit is for damage to the apartment.  Doubt that has occurred in such a short time.  Sue for that or ask for its return in the action. Good luck.


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