If I signed a lease, moved in for2 days and want out of lease, is that legal?

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If I signed a lease, moved in for2 days and want out of lease, is that legal?

The dishwasher was supposed to be fixed and it is not. There is black mold behind the toilet and I have a headache whenever I am in the apartment for a long period of time. Is it legal for us to break lease and move?

Asked on September 30, 2011 under Real Estate Law, Washington

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

It MAY be legal for you to terminate the lease, if you have given the landlord both proper written notice of the issues and a reasonable chance to fix the problem. All leases have what's known as the "implied warranty of habitability," even when it's not written anywhere; this is the requirement that hte premises be fit for their intended purpose (e.g. residence), and issues significantly affecting use, health, or safety may violate the warranty. If the warranty is violated, the tenant may be entitled to one or more of the following: monetary compensation; to terminate the lease and move out; to hire someone to fix the problem, and deduct the cost from rent. However, the landlord first must be given notice (written notice) of the problem and a chance to fix the issue. If possible, retain an attorney to make sure that you vindicate your rights in the correct way.


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