[andrea662]

My hubby and I moved into an apartment in the "nicier" part of town about a year ago, lately we have had tons of problems such as leaky roof, water damage in bedroom and living room (its been there for 3 months) hole in the living room ceiling that does leak(been there for 3 months), bathroom sink won't drain (3 weeks), we have repeatedly notified our landlord about this and he keeps saying he will send someone out and he never does, one guy came and "repaired" the roof on the outside but it still leaks and we have a gaping hole in our living room! Can we break our lease AND get our deposit back?

[andrea662]

And we have mold growing around the places where the water damage is.. and we can't open ANY of our windows and the windows have mold build up also... we only have air conditioners but we cannot get fresh air into the apartment.

[JudyKayTee]

The damage deposit is just that - money to be held to pay for damages YOU caused. If you didn't cause any damages, yes, your deposit should be returned to you.

If you have notified your landlord (preferably in writing) that the conditions make it impossible for you to safely live in the unit and he has done nothing to repair the damages, yes, notify him IN WRITING that you are breaking the lease because of the conditions.

He may very well refuse to return your security deposit and may also attempt to collect the balance of the rent.

You would have to go to Court either to get your deposit back OR to defend against the rental charges.

[ScottGem]

can we break our lease AND get our deposit back?

The answer to the first part is Yes, IF, you have done things properly. You have to have notified the landlord IN writing about the problems and given him a deadline for repairing the problems. You would then have a choice to either have the repairs done yourself and deduct them from the rent or give notice of terminating the lease.

The exact procedures here vary by location. ANY question on law NEEDS to include your general locale because of that.

And yes, you should be entitled to your deposit back, but you may have to file suit to get it.

[JudyKayTee]

I will add - as Scott said - to check the State law. You cannot in all States make arrangements for the repairs yourself and deduct the cost from the rent - people would hire their cousin at enormous cost and attempt to recover from the landlord. (Trust me, it happened it me when the tenant wasn't happy with the plumber - the plumbing was fixed but they "needed" a new faucet.)

[andrea662]

I live in oxford, Mississippi and my husband and I are going to take pictures of all damage from water and all the mold, then we will write a letter detailing what needs to be done... if it still isn't done, what can we do?

[JudyKayTee]

Scott and I already told you - write a letter, give a deadline, send it receipt requested. Tell the landlord you intend to move (if that is your intention) if the repairs are not made in X days - and the repairs include removing the mold.

Then do it and either they will sue you or you will sue them.

[ScottGem]

This is what you need:
Mississippi Residential Landlord and Tenant Act

Particularly Sec 89-8-13. That section spells out the process if you want to terminate the lease due to a breach. You will need to give 30 days notice that you are terminating the lease due to uninhabitable conditions. If the landlord repairs the problems within the time you set for repairs, the tenancy continue.