Can I break my lease if my landlord doesn't keep my apartment up to code. I am very concerned b/c I am 35wks

Question

I have told the landlord about this, but he hasn't taken any action to get it fixed. I have a very large whole in the ceiling above my toilet. Chunks of plaster are falling all over my bathroom. This is the second time I've had this particular problem. The first time ( last year) it took about four months for him to get someone to fix it. I told him back in April that the plaster has fallen again causing an even bigger hole (can see the apartment above mine). He gave me the number of some repair guy that I set an appt with 3 weekends in row and he never showed. I left messages informing the the landlord and he never returned my calls. Well recently on July 2nd the city did their annual housing inspection. The landlord still has not fixed my ceiling. On top of that in June I found some type of green mold or fungus in my closet. He still hasn't had it inspected or tried to do anything about it. I am 35 weeks pregnant and I am worried about asbestos and toxic mold.

Answer 1

Call an attorney about this.  What you're referring to is called "constructive eviction".  And yes, depending on the circumstances, you can leave without owing anything else.

This is because, if your landlord refuses to keep your apartment up to code, then he/she has already committed breach of contract.

"Up to code" can mean many different things however, depending on where you live.

Talk with an attorney that specializes in tenant rights to find out all you need to know in your area.  

Don't just try this on your own.

Answer 2

Contact your county health department and report the guy.  He will probably get real nasty with you, but if you do every thing by the book, the law will be on your side.

Document.  Make your request in writing, get them notarized and send registered mail. Take pictures too.

Answer 3

Go to your local housing authority and speak with someone there.  Make sure you take documentation with you...pictures, etc., and if you haven't previously, ALWAYS make your requests to the landlord in writing and send them certified mail.  This was there is a record that he received the request.

I do not live in Ohio, but a couple of summers ago my apartment's air conditioning went out (in triple digit heat!) and was out for about 3 months.  We were told at the housing authority that we could not withhold rent (or any portion of the rent), but that we COULD use this as an excuse to break our lease and move with no penalty.

Good luck to you! :-)