College age daughter signed lease for apartment out of town. When she looked at the unit, the cat pee odor was not noticeable. When we were ready to move her in on a Sunday, the odor was overwhelming and there was also mildew in the water heater closet. She has allergies so this is not acceptable. We are also very concerned about her safety because the unit's door is five feet away from a heavily wooded area and at night it's very dark and possibly dangerous. Question: If another unit is not available, do we have just cause to cancel the lease since she has not moved in? Thank you.

Hello a:

Signing the lease is the legally binding act - not moving in. No, you do not have legal/just cause to cancel...

excon

...When she looked at the unit, the cat pee odor was not noticeable. When we were ready to move her in on a Sunday, the odor was overwhelming and there was also mildew in the water heater closet. She has allergies so this is not acceptable. We are also very concerned about her safety because the unit's door is five feet away from a heavily wooded area and at night it's very dark and possibly dangerous. Question: If another unit is not available, do we have just cause to cancel the lease since she has not moved in? Thank you.
Are you in California? If so, check this. If not, see if your state has a similar office. California Tenants - California Department of Consumer Affairs (http://www.dca.ca.gov/publications/landlordbook/problems.shtml)

College age daughter signed lease for apartment out of town. When she looked at the unit, the cat pee odor was not noticeable. When we were ready to move her in on a Sunday, the odor was overwhelming and there was also mildew in the water heater closet. She has allergies so this is not acceptable. We are also very concerned about her safety because the unit's door is five feet away from a heavily wooded area and at night it's very dark and possibly dangerous. Question: If another unit is not available, do we have just cause to cancel the lease since she has not moved in? Thank you.



Obviously the door/woods are where they were when the lease (which is a contract) was signed so those are reasons to break the lease - it's a form of "buyer's remorse" which is not justification to break a contract.

Same with mildew and cat odor UNLESS these conditions cause a health hazard.

I would approach the landlord and ask but I would not be surprised if the landlord holds fast and refuses to let her out of the lease and/or return her money.

The landlord has no duty to provide another unit.

If you did move into the house, you can treat the odor with ozone. It is very popular among hotels, and landlords. You can rent one and shock treat the home. It is amazing at removing odors. But, it has to be a powerful shock treatment unit.
Good Luck,
Al