Pre-existing Condition - Rental

[jayknicks]

New Jersey
My landlord has agreed to release us of our current lease due to the humidity, mold, and infestation that has occurred since our moving into the apartment. We believe that the humidity and mold were a pre-existing condition that existed in the apartment and we were not responsibly notified of it. We didn't notice any signs of humidity or mold until moving into the space after a couple of weeks. After notifying the situation the landlord quickly provided us w/ a dehumidifier and provided other items to help us with the challenges we were confronted with. The house was even painted a creme color, which we now know masked a lot of discolorations in the ceiling and walls. Is there anything we can use other than our health costs(we have lived in this apartment for 10 months - final 2 months were waived) which can substantiate having our security deposit turned to us and incurring no future penalties (assuming the apartment has been left in the same condition prior to our moving into the space)?

 

[Banned_Princess]

New Jersey
My landlord has agreed to release us of our current lease due to the humidity, mold, and infestation that has occurred since our moving into the apartment.

Lucky that you are being let out of the lease, I hope you got it in writing.

Is there anything we can use other than our health costs(we have lived in this apartment for 10 months - final 2 months were waived)

Lucky you have the last 2 months waived. What did you get in writing?
(and he does NOT owe you for any "health costs" BTW.)

which can substantiate having our security deposit turned to us

Only if the LL agrees, and he doesn't have to, since you are breaking the lease. If the lease states there is a charge of loosing the security, then you are loosing your security.. unless LL agrees in writing to return it.

and incurring no future penalties (assuming the apartment has been left in the same condition prior to our moving into the space)

If you caused no damage, and clean on the way out, you should incur no further charges.