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Is it possible to get out of a new apartment lease?
Anonymous4 views2 answers
I signed a lease and upon moving in, discovered what could be mold in the bathroom. I brought this to the manager's attention and she informed me that they do not test for mold and I could but it would be at my own expense. I then found an extensive amount of mouse droppings in the kitchen and when I called them, they told me that I was being ridiculous and that they don't have issues with mold or mice. What are my options at this point? Am I responsible for these issues? Can I get out of my lease since I have not moved in?
Donald Corky EbyReal Estate AttorneyCastle Rock, CO ·
Unfortunately, without the apartment managements agreeing to cancel your contract, you cannot cancel the contract on your own.
However, you may have a Warranty of Habitability issue based on the mold (if you can prove it is harmful mold by testing at your expense) and the mice. The Warranty of Habitability will allow you to cancel your lease if your take the proper steps and give the landlord an opportunity to cure. This is a defensive mechanism which will the protect you from liability for damages based on your breach of contract by abandonment of the property. The Warranty of Habitability is a technical process and if you do not take each step required will offer no protection.
I recommend consulting an attorney before going down this path.
Good luck!
Great advice by Mr. Eby. I would consider contacting him for representation. Yes, you can not cancel the lease by yourself. However, you might have a "breach of warranty of habitability" claim against the landlord for both the mold and the mice. Document, document, document. Take photos or video of the mold and the mice droppings, etc. .
