Apartment Lease

[discostu]

I recently signed a 1 year lease for a basement apartment. I have found that there is a moldy "basement" smell in the apartment. I did not notice this when I looked at the apartment, but it was probably there. When I moved in the apartment was not cleaned (though the landlord claims it was)and the rugs were filthy. I now find that I am unable to live there any longer. I have been sick since the day I moved in(of course I can not prove that this is because of the apartment). The landlord has offered to clean the rugs but I feel this is now a major inconvenience to me, and should have been done before I got there. I now wish to just find a new place. I have spoken to the landlord and he says that I must go through his Real Estate agent and have her find a new tenant to take over the lease. The problem is that I can not seem to get her to call me back, and am now extremeley limited in looking for a new place since everything is up in the air. My questions are these: Can I just leave do medical reasons and recover my last months rent that the landlord has? Can I reasonably expect the realtor I went through to assume some responsibilty for this and either refund the 1 month rent I paid her as a fee, or have her find me an apartment with no fee? Do I have a recourse for the 1 months rent I am currently paying due to the living conditions?
Thank You

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by discostu:
I recently signed a 1 year lease for a basement apartment. I have found that there is a moldy "basement" smell in the apartment. I did not notice this when I looked at the apartment, but it was probably there. When I moved in the apartment was not cleaned (though the landlord claims it was)and the rugs were filthy. I now find that I am unable to live there any longer. I have been sick since the day I moved in(of course I can not prove that this is because of the apartment). The landlord has offered to clean the rugs but I feel this is now a major inconvenience to me, and should have been done before I got there. I now wish to just find a new place. I have spoken to the landlord and he says that I must go through his Real Estate agent and have her find a new tenant to take over the lease. The problem is that I can not seem to get her to call me back, and am now extremeley limited in looking for a new place since everything is up in the air. My questions are these: Can I just leave do medical reasons and recover my last months rent that the landlord has? Can I reasonably expect the realtor I went through to assume some responsibilty for this and either refund the 1 month rent I paid her as a fee, or have her find me an apartment with no fee? Do I have a recourse for the 1 months rent I am currently paying due to the living conditions?
Thank You<HR></BLOCKQUOTE>

You can ask the real estate agent for a refund or have her find another place for you to rent. You have a right to cancel your lease if there are moldy smells caused by water/moisture infiltration into the basement due to the below-grade condition. There may be hazardous mold growing in the walls.
It is time for you to send certified letters.

 

[Tracey]

See if you can get a note from your MD stating that the mold in the basement is making you ill. Then you can invoke the 'material threat to tenant's health or safety' law & terminate the lease in 10 days or so, depending on state law. Also, ask the health department to come test the air/mold.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.