Uninhabitable Apartment Lease Termination

Summary

Laura, a tenant in North Carolina, is seeking to terminate her lease without penalty due to the uninhabitable conditions of her apartment. The apartment was not cleaned before she moved in and she suspects the presence of mold. She has a disability and requires specific accommodations. The property management has offered to move her to another apartment when one becomes available, but at a higher rate. She has not yet sought legal advice or had a professional assess the presence of mold in her apartment.

Full Conversation

Hello, I applied for an apartment a few weeks ago and was approved. * minutes after approval a leasing consultant emailed me saying that unfortunately, the apartment I'd applied for was not available & under renovation. I asked if I could have my money back since what I'd applied for was no longer available, & the consultant said no I could not. I then said well is there another downstairs apartment available as I have a disability from a coma & on oxygen from time to time. I asked to be shown the apartment & it was not the apartment that I saw online, it was much older inside. I then asked the manager if the apartment would be cleaned before I moved in, and she said it would. I signed a *-month lease & went inside of the apartment & nothing was cleaned. The baseboards are filthy, the bottom shelf is missing in the refrigerator, small dents in the walls & stains, the cabinets are sticky, black sediment in one of the commodes, the water was not turned on top of the washing machine, the door has a gap letting bugs in. There was even a frog in there & I asked to be relinquished from my lease as I don't feel clean there & it is not accommodating to my health or disability. The manager reached out to the regional manager & they said that I could not be relinquished from my lease without penalty or fees. They offered to move me to another apartment when one becomes available, but at market price, not my current rate. I don't want to continue staying there & want to know if I have a chance to be relinquished from my lease legally with no penalty?
Did you document the condition of the apartment when you moved in? This could be crucial in a legal dispute.
In North Carolina:
- Landlords are required to provide habitable housing under implied warranty of habitability.
- If they fail, tenants may have the right to withhold rent or "repair and deduct".
Yes
What steps have you taken so far to resolve this issue? Have you contacted a local housing authority or a lawyer?
In North Carolina:
- Tenants can report housing violations to local housing authorities.
- Legal Aid of North Carolina might be able to provide assistance.
contacted property manager & regional manager
Have you documented your communication with the property manager and regional manager? In North Carolina, it's important to have written records of such interactions for potential legal disputes.
No
It's crucial to document all your communications for future reference. Have you considered seeking legal advice from a local attorney?
Yes
What was the response of the local attorney? In North Carolina, tenants can potentially terminate a lease early due to uninhabitable conditions.
Have not contacted yet
What is the reason for not contacting a local attorney yet? In North Carolina, tenants can potentially terminate a lease early due to uninhabitable conditions.
Trying to now
What type of disability do you have and does it require specific accommodations? In North Carolina, landlords are required to make reasonable accommodations for tenants with disabilities.
On oxygen & have limited mobility with far distances.
Have you requested any specific accommodations for your disability from the property manager? In North Carolina, landlords are required to provide reasonable accommodations for tenants with disabilities.
Yes
What specific accommodations did you request and what was the property manager's response?
Being relinquished from my lease
What was the property manager's response to your request to be relinquished from your lease?
In North Carolina:
- Landlords must provide reasonable accommodations for tenants with disabilities.
- Tenants can potentially terminate a lease early due to uninhabitable conditions.
Moving to another apartment when it becomes available at market price, or terminating my lease with penalty & fees.
Have you informed the property manager about your disability and how the current conditions of the apartment are affecting your health?
In North Carolina:
- Landlords are required to make reasonable accommodations for tenants with disabilities.
- Tenants can potentially terminate a lease early due to uninhabitable conditions.
Yes
What was the property manager's response when you informed them about how the apartment conditions are affecting your health?
In North Carolina:
- Landlords must provide habitable housing.
- They must make reasonable accommodations for tenants with disabilities.
Move to another apartment with a higher rate
What is the difference in the rate between your current apartment and the one they are offering?
In North Carolina:
- Landlords must provide habitable housing.
- They must make reasonable accommodations for tenants with disabilities.
unsure
Can you find out the difference in the rate between your current apartment and the one they are offering? This could be important in your case.
I will not know until it becomes available
What is the duration of your current lease and how long have you been living in the apartment?
13 month lease, I moved in on */*/*
What is the penalty or fees for terminating your lease early according to your lease agreement?
Pay for all months or until someone rents your apartment, whicever comes first.
What is the condition of the apartment they are offering to move you into?
There is not one available at this time.
What is the condition of your health currently and how is it being affected by the current state of the apartment?
Toilets are low, bugs, frogs, dirty.
How is the condition of the apartment affecting your health specifically due to your disability?
Possible further respiratory issues as it looks like mold i was present and covered with paint
Have you had a professional assess the presence of mold in your apartment? In North Carolina, landlords are required to maintain safe and healthy living conditions, which includes addressing mold issues.
no
Have you considered having a professional assess the presence of mold in your apartment? This could strengthen your case. In North Carolina, landlords are required to address mold issues to maintain safe and healthy living conditions.
yes
That's a good step. Mold can significantly impact health, especially for someone with respiratory issues. In North Carolina, landlords are required to maintain safe and healthy living conditions.