SIGforum.com Main Page The Lounge Likelyhood of breaking a lease agreement early due to health reasons
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A friend of mine that suffers from various allergies recently signed a lease and moved into a house and now that she's moved in her allergies are kicking in possibly because of cigarette smoke residue and mold. When she first visited the home to check it out she didn't notice these things but now that she's living there its effecting her health. My question for real estate gurus is it possible for her to break the lease early without penalty? If not what companies can come in and rid the house of the cigarette smoke residue and mold. I haven't been to the house so I don't know if there's really mold there but she suspects there is. Just looking for advice for her best course of action. She lives in PA | ||
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| As Extraordinary as Everyone Else  |
Its going to depend on the laws in PA. ------------------ Eddie Our Founding Fathers were men who understood that the right thing is not necessarily the written thing. -kkina | |||
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| Smarter than the average bear |
Mold can be tested for. If it’s cigarette smoke, witnesses can verify that they smell it, or if a previous tenant smoked. If either of these cases are positive, then ask/demand that the landlord treat it professionally. If that evidence exists and the landlord refuses to treat, the tenant should have a strong case to break the lease. But consider the possibility that allergies are acting up because it’s spring and allergy season- perhaps coincidental in time to moving in. | |||
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| Just because you can, doesn't mean you should |
If she's absolutely sure it's the house and not some other health issue, I'd start out by sending a written notice (at least email) of the problem to the landlord to see what they say and request they do something about it. ___________________________ Avoid buying ChiCom/CCP products whenever possible. | |||
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Don't Panic |
That'd be a pretty odd lease contract that would allow lease termination for suspicion of mold, wouldn't it?  Here, I'm assuming she has an actual medical condition diagnosed by a medical professional, rather than being what some people claim to be 'an allergy', when it's just something they intensely dislike. 1) Read the lease contract. The lease agreement will include where/how to give notices, and what the landlord's obligations are to remedy issues and possibly timeframes for responses, as well as details of lease cancellation terms. 2) Use the notice method laid out in the lease to send the landlord: a) documentation of the allergies, b) a description of the symptoms, c) reasons behind suspicion of cause of symptoms (e.g., noticable odors of smoke lingering, visible evidence of mold, e.g.) d) request for remediation per terms of the lease. This notice needs to be written for a potential later audience (local officials/advocates, lawyers, if it's not addressed) and in formal enough language that a landlord will realize that. I wouldn't threaten termination in this letter, what you're looking for is what you leased, a habitable, safe, healthy place to live. 3) Wait a reasonable time for a response. What is a reasonable time, could be spelled out in the lease, sometimes it's in the laws/regulations, and of course depends on the severity of the medical reaction the tenant is suffering. 4) If no acknowledgement in a reasonable time, resend the notice with a differently dated cover letter (so that you can document dates of first and second notice) and then call them to point out the first and second notices. What a good landlord would do when they get proper notice, is to acknowledge receipt of the notice, then verify the issue (test for mold, etc.) and then address it. If this landlord doesn't do all three within a reasonable time, there are probably local renter advocates and/or local housing officials that could be given copies of the notices given to the landlord, and asked for help. If the landlord is still obstinate, those third parties might be able to point your friend to pro-bono lawyers who take on cases as a public service. | |||
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| Member |
Good info and thanks | |||
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Member |
I assume she's not allergic to a mop bucket? Is there carpeting? Is it a newer or older house? The world is far from sterile and this is a new place with new irritants. Short of experiencing respiratory symptoms requiring an inhaler for the first time in her life, I would work as much as possible with the landlord to communicate and determine the principal cause. I once walked into someone's apartment and they had one of those airfresheners on a table, it only took a few minutes for it to affect me. I hope she's happy living there otherwise. | |||
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| No ethanol! |
Here in SE PA. How recently has this happened? The past 2 weeks have been about the worst tree pollen days of spring I can recall for years. Getting better now, yet once your nose is aggravated you may find molds and dust much more of an issue. Don't go thru a lot of drama w/o identifying a cause first. ------------------ The plural of anecdote is not data. -Frank Kotsonis | |||
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| Member |
Yes, professionals can be hired to check for mold and irritants in homes and buildings. These professionals include mold inspectors, environmental inspectors, and mold remediation specialists. They use specialized equipment and techniques to identify mold, assess the extent of contamination, and recommend remediation or mitigation measures. I do not believe the cost is extravagant. | |||
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