Trying to break lease without losing deposit due to frequent roof leaks and mold in same spots
Question Details: In my apartment there has been numerous occasions where the roof has leaked all over the apartment, mainly in the living room. They say they will send someone to fix it and eventually, usually weeks later someone comes to paint over the water spots. My roof has been leaking for two weeks now and as of Monday I called a complaint in about mold. It is now Sunday and nothing has been done about it. It is still leaking. I want to move out of this dump. I have till Feb. till my lease is up. Is there any way I can force them to break my lease and it not effect my credit or my deposit? thanks
All leases come with an "implied warranty of habitability"--an unwritten lease term that the space is inhabitable, which includes not leaking and not being moldy. There's also a "covenant of quiet enjoyment," which is the right to use the space for its intended purpose (living there). This situation is violating the first and possibly also the second. These violations give you the right to either sue for damages (for, example, the difference in value between leak-free, mold-free living and leaky, moldy living) or to get out of the contract, since landlord has already breached the contract by not mixing the problem.