Posted by Rich-CA on November 17, 2008 at 19:02:20:
I’ll do whatever it takes so I can get out, get my deposit and screw the owner. I have been fortunate enough to have been a bystander, but depending on what my “read” of the person is when I talk face to face will determine which way I go on that one.
If I had a repaired leak that was severe, then I would be checking up on the property monthly for a few months to make sure the fix worked. I would also do a 2 week post move in to make sure. Water is no joke, as you know.
I have received “notice” to move out from a tenant while the lease still had several months to go. Tenant verbally agreed they owed rent until re-rented - but they refused to pay when presented with the move out bill. Even after the tenant sent the notice, I would remind them of what steps would follow their moving out, including late fees if they don’t pay rent while still vacant and eventual parking of the debt on their credit report and so on.
The water/mold issue won’t fly in a dispute since the tenant was warned about the possibility before they accepted the keys.
MOLD ISSUES - CAN I BREAK MY LEASE? - Posted by Jeremy
Posted by Jeremy on November 14, 2008 at 22:36:23:
Before I moved into our apartment (I live in Wisconsin) I was told by the landlords to let them know of any mold issues in the bathroom. Seeing that there were patches in the ceiling and the walls that were painted over poorly, I thought they must have very recently removed the problem.
After leaving for a weekend, we come home to find the ceiling above the shower to be leaking, swollen, and with black mold over the paint. It has spread slowly to a slightly larger patch of mold.
Knowing how hard it is to get rid of a mold issue, and seeing that it’s a reoccurring issue, am I able to break my lease due to health concerns? I do need to relocate for work so it would be a convenient time, time which could be spent by the property owners to fix the problem.
Re: MOLD ISSUES - CAN I BREAK MY LEASE? - Posted by Sailor
Posted by Sailor on November 16, 2008 at 21:16:43:
The following is my opinion, not legal advice:
Your landlord has shown concern for the problem, but I feel that any failure to notify him/her of a water leak could constitute negligence on your part. I consider any water leak, including a constantly running toilet, to be an EMERGENCY. More than once I have successfully charged tenants for water negligence, including failure to report a leaking ceiling.
There is no such thing as a minor leak, as even a slow drip can turn major without notice. If you were my tenant I would expect you to have called the very minute the leak was discovered. In fact, I would expect you to be extra vigilant because you had knowledge of a previous problem.
You clearly are not concerned about health, as you have not given the landlord the opportunity to correct the mold. It also appears you are unconcerned about your landlord’s property, & I think that is downright wrong.
I think you should call your landlord N-O-W before there is more damage. You should re-read your lease to see exactly what is says; even so, the law may provide otherwise & you need to know that, too. The best thing to do about your intended move is to give as much notice as possible, & to cooperate in keeping the place clean & accessible for showings. The sooner it is re-rented, the less potential liability for a broken lease.
I recommend total honesty & an offer of full cooperation to mitigate his/her losses. I’ve been a landlord for 28 years & 10 months, & I believe tenants make very poor liars. Starting w/an untruth is not a good way to endear yourself to a beleaguered landlord. Far better to start w/cups of coffee, a plate of warm cookies, a smile & the simple truth–
Posted by Rich-CA on November 16, 2008 at 20:48:51:
I am inclined to agree that you are only looking for a way to get out of the lease without owing for lost rent. I’ll bet you did something to cause the flooding so you could do this.
Sounds like you want to move so you are trying to find a way to justify it.Go to a tenant website and they will allow you to feel justified OR CALL THE LANDLORD AND LET HIM KNOW THERE IS A PROBLEM
You are very one sided. Yes there are some bad tenants but there are definitely BAD landlords too! No one should kiss up to their landlord. Most of the damages that occur happen due to previous neglect on the landlord’s cheap dollar!!!
Posted by Sailor on November 16, 2008 at 21:23:11:
I wouldn’t go quite that far, Rich, but every landlord is familiar w/the “I-can’t-keep-my-part-of-bargain-so-I’ll-see-if-there-is-someway-I-can-blame-the-landlord-for-my-failure-and-gee-mold-is-a-good-idea” ploy.