[Don8532]

I moved from Florida last November in that home I had all ceramic tile floors I am now in Pa. leasing an Apt. that has wool rugs, gas stove, window air conditioners that draw in the mold that is outside on my Apt. I would like to know if there is any way that I can break my lease because I have severe COPD and my lungs are getting much worse due to the items I mentioned.

Thanking You In Advance,
Don8532

[mr.yet]

You will have to document your claim. What does you lease state as to the terms?

[Don8532]

Mryet,
My lease states that even if I die ,my fiancée who is a cosigner on the lease would have to pay 3 months rent which she could not do because she only receives social security. I can document my illness with medical records from the "VA" and private Doctors but I still do not know if that would be enough to break this lease. To be honest I am not going to wait much longer I will just leave and let them do what they have to do. Nothing is worth getting sicker and sicker it is not enjoyable when you cannot breathe and you know your environment is making it worse.
Thank You For Your Help,
Don8532

P.S. I will Keep You Posted

[oceanslyric]

You may want to contact your Health Department and request an inspection of the place. You may also want to contact the apartment's Property Management HQs (not the complex rental office, but rather their "boss" per se).

Did you, by chance, rent this "site unseen?" Or did you see the actual apartment prior to signing the lease?

[RickJ]

I predict that you will not find anything in your lease re medical conditions.

First try the owner of the apartments. It can't hurt to ask; and showing your condition and being a bit humble can work. I manage 400 apartments, and the truth is, a couple times a year I let someone out of their lease for "good reason".

Only if this does not work should you get an inspection.

[excon]

Hello Don:

In landlord/tenant law there is a concept called "constructive eviction". That means that the premises becomes unhabitable due to no fault of your own, and you are being forced to move. This legal position is distinct from "choosing" to vacate.

If the landlord is forcing you to leave, not only can you break your lease, you can get damages.

The key is the mold. Some molds kill, and not only sick people. You must document it. I don't know how much help the health department is going to be - hopefully lots. However, if not, I would take samples to a private lab for analysis and take lots of pictures too.

excon

[Marj Ann]

To Don: I agree with 'excon'. Even if it isn't so stated, there are IMPLIED' STANDARDS a dwelling must meet. Doesn't your state/city/county require annual inspections of rentals? Ask at city hall or Community Development. ALSO, I HIGHLY recommend, given your health condition, wherever you live... you think about investing in an AIR PURIFIER! ~ It's WELL worth the investment! Check out the BREEZE unit by 'Eco-Quest'; made in Tennessee. I've used & sold their units for 10 yrs. Now. {The company was formerly Alpine Indust.} have the new Breeze unit & love it... and got one for each of my kids. Truth is... anyone who BREATHS needs one! I'm a dealer & can get you one at my cost if you're interested. The operating cost is same as a 60 W lightbulb & have no filters to buy. You'll breathe MUCH easier. Too bad your landlord doesn't know they ALSO kill MOLD & mildew spores, and odors. I hope you do some investigation and for Pete's sakes, Not to worry. Life's too short!

[RickJ]

Don, both of these folks are right about the standards. An inspection by the City will confirm very quickly whether the standards are being met. Be careful, though, about how you go about this.

I agreed with the first answer of going to the owner first out of courtesy. If he is agreeable to letting you move because of your health, then it's an easy done deal.

Calling the City before trying to communicate with the landlord/owner first usually leaves a bad taste in the mouth of the landlord.

[J_9]

If all else fails Don, go to your city's Codes Inspector. In my area this is my father-in-law's job and he is responsible for inspecting dwellings to make sure that they are inhabitable. And that includes mold.

[bhayne]

As a landlord, if my tenant wanted to break a lease because the pollen outside was getting in through open windows, I would tell him to shut the windows. Case closed.

You get no sympathy from me because you are blaming your landlord for the outside environment.

[RickJ]

Don is thinking the mold is being drawn in from outside per the orig. post.

Keep it simple, Don: Ask the owner for a release and get a city inspection. Be prepared, though, to decide what you will do if you find that nothing is wrong with the apartment itself.

[Don8532]

To bhayne, I can appreciate your feelings as a landlord. But we are talking about a disease that eventually will take my life. If I offered to pay you the full amount of the lease even though I had to move out would you give me a release? Because that is what I am thinking of doing, even though I have at least 100 letters, test reports, etc. from medical specialists, the Veterans Hospital, American Lung Association Etc. I do not feel sorry for myself but it is a not a very tough decision to make when something is endangering your health.

Don8532

[bhayne]

Sometimes when you relocate, your system takes time to adjust and sometimes you never adjust.

My brother could not adjust to living by the ocean when he was young so my parents relocated inland.

If the problem is caused by mold growing outdoors, then how is moving going to solve your problem. Breaking a lease and moving may not have any affect on your health!