I need some LEGAL advice please ... ?

Question

Please only answer this if you're a lawyer or are familiar with tenant vs. landlord laws (i.e. prior experience)....

I have been living in my apartment for 3 years now. After a few months of living at this apartment, I started to notice some dark spots appearing on the ceiling of my bathroom (right above the shower/bath tub). I spoke to my Landlord and Superintendent about the problem and the Landlord asked the Super to repaint over it. He thought this would fix the problem. Obviously, it was just a cover-up because a few weeks later, the spots re-appeared. I spoke to them again regarding this issue and the Landlord informed me that he would have to cut a hole in the ceiling to remove the area that was spotted and would have to redo the ceiling afterwards. It's been months since I informed them about the recurrence and nothing has been done.

The maintenance in this building sucks! My BF and I have been considering leaving the apartment because of it even though we love the area where the apartment is located.

My question is - Do you think I should look for a new place to move into and take my Landlord to court? If so, would pictures of the moldy ceiling be enough evidence and reason to leave? Will I get my security deposit back if I leave and have to break my lease because of the living conditions?

Thanks in advance for your help!

Answer 1

If you do take it to court, the judge will ask you why you waited 3 years to attempt to get out of the lease because of mold.

You can't let things go forever. More than likely you will lose the court case, unless you can prove it is deadly mold virus as answered above.

Answer 2

The molding ceiling will only get you out of a lease contract if the mold is toxic.   You need to have it tested and provide proof.

You can start with a home test kit, they are about 10 bucks.    They sell them at Home Deport in the paint department.

It sounds like there is a water leak above you.

Answer 3

NO - You CANNOT cry mold to get out of a lease when it has been happening for 3 years!!!

If you want to move you will have to pay the penalties for breaking your lease.