I recently gave my landlord a deposit and half of first months rent in order to be able to move into a residence by May 1st. We signed the lease agreement on April 27th I believe. We had made a deal with the landlord to work on the house with material cost deducted from the rent. All he had to do was shampoo the carpets and fix a few other major things before the first. It's the day before the first and my toilet is in the middle of the floor and has been there for three days. There was a major water leak which partially flooded the master bedroom and spare room. The landlord used a wet vac on the master carpet and pulled it up for it to dry. It's not dry. The spare room hasn't been touched and now reeks of mildew. I have asthma and I cannot live in the house with the carpets the way they are. He can't replace them because he says he can't afford it yet but he is currently on a fishing trip until sometime on the first. Mind you, we haven't even moved in yet and cannot move in with these problems. I want to know if I can void the lease using "Implied warranty of habitability." If not then what are my options?

Take pictures and send him a letter stating that the apartment is not habitable and therefore he is in breach of the lease. Therefor you are voiding the lease and expect the return of all monies paid.

Let him know that without every penny back, you will file in Small Claims, and he will owe that + the filing fee if you win, which you should.

Agree, take photos, perhaps have a second non related party walk though and document it with you