Sample Letter To Break Lease Due To Mold
As a tenant, you are generally required by law to promptly notify your landlord of any presence of mold in a rental and give them a reasonable timeframe to respond. However, if your landlord does not respond and the living conditions are deteriorating fast, then you can use our sample letter to break your lease due to mold.
If you need help to break a lease due to mold, and you are not sure how to navigate it, you can try DoNotPay. We will help you to draft a letter to your landlord demanding that you be allowed to break the lease according to applicable state law.
How to Break a Lease Because of Mold
Mold growth is a valid legal reason to break a lease in most states, whether or not it was explicitly stated in your lease agreement. Under the "implied warranty of habitability", a landlord is required to maintain their rental as habitable as possible by promptly responding to urgent health hazards such as the growth of toxic mold.
However, it's important to check the local laws before using warranty of habitability to break a lease. If your state does not provide mold as a legal basis for breaking a lease, you can send a hardship letter to your landlord asking for leniency in allowing you to vacate.
In some states, like Florida, if the landlord delays making the necessary repairs, a tenant can remediate the situation and deduct the costs from their rent. A tenant can also withhold rent if the mold makes the rental uninhabitable, and is then required to make a reasonable breaking lease agreement with their landlord.
Typically, a tenant is expected to make their intention to break the lease known in writing and, depending on the state laws, wait for a specific number of days before vacating. The number of days may change, however, if urgency to vacate is required due to health concerns.
To legally break a lease, a tenant should prove beyond doubt that the mold formed as a result of other damaged faucets such as leaking roofs or pipes and not their negligence. They should also prove that the mold is a health hazard that warrants a break of lease.
Look at Your State’s Laws for Breaking a Lease
Each state’s lease termination requirements, legal reasons, and other laws related to tenancy are different, so it’s important to check your state’s laws:
What if I Just Move Out After Finding Mold Without Telling My Landlord?
Even though it’s tempting to immediately vacate the premises after discovering mold, a lease is a legally binding document that carries stiff penalties, and moving out without telling your landlord is illegal and would warrant severe consequences. The penalties can include:
- The landlord can sue for breach of contract
- The landlord can sue for any rent arrears
- The judgments from the above proceedings can negatively affect your credit score
- With a poor credit score, you may find it hard to get a new rental space
From these deductions, it is not recommended that you leave without informing your landlord. You should make all efforts to solve the situation amicably to avert negative consequences in the future.
Sample Letter to Break Lease Due to Mold
Even though mold may be a legal reason to break a lease, you may still need to draft a letter to your landlord, formally explaining the situation and giving notice. Here is a sample letter that provides the structure required when drafting a letter to break a lease due to mold:
Your City, State, Zip
Landlord's City, State, Zip
REF: Notification of Intent to Break Lease Due to Mold
Dear (Name of the Landlord),
This is a letter to notify you that I am breaking the lease dated (insert the date you signed the lease) for (insert property address) according to (insert an applicable local statute).
I am bound to take this swift action because the presence of mold in the rental property has made it unhealthy and unlivable. Despite prompt requests for repairs and mold remediation, you have neither responded nor made any attempts to rectify the situation.
In light of this, I am terminating the lease, moving out on (insert date and account for the days required by law if there is no urgency to vacate), and seeking damages pursuant to (insert applicable local law).
I look forward to your cooperation in this matter.
Name of tenant
How to Break Lease Due to Mold With the Help of DoNotPay
Navigating the process of breaking a lease due to mold requires time and patience. You will be required to research and learn all applicable laws and how you can minimize the costs of breaking the lease. Even with the sample letter, this process isn’t necessarily easy without help.
DoNotPay can instead draft the letter for you, saving you time and hassle.
Here's how you can get started in 3 easy steps:
- Search Break My Lease on DoNotPay.
- Prepare a signed copy of your lease that you can use as a reference, and enter the state the lease was signed in.
- Let us guide you through the 4 potential options.
Depending on your specific circumstances, DoNotPay will create the right solution for you:
- If you're a uniformed service member breaking a lease to fulfill your service obligations, we'll send your landlord an SCRA Protection Letter.
- If you're breaking your lease for a reason protected by your state's tenant laws, we'll write your landlord a letter detailing your protections for breaking the lease under the relevant law.
- If your reasons for breaking your lease aren't protected by federal or state law, but you'd like to try to convince your landlord to let you break the lease through mutual agreement, we'll draft a hardship letter making your case to your landlord.
- If there are no remaining options for breaking the lease with protection, but your state requires landlords to mitigate damages to tenants who break their leases, we'll notify your landlord of that obligation and minimize the remaining rent you have to pay.
Find More Easy Solutions From DoNotPay
Helping you break a lease due to mold is only one of many things we can help you with. Here are other fast, easy, and successful services you can enjoy on DoNotPay:
- Creating a power of attorney
- Reducing property taxes
- Help with breach of contract
- Help to cancel any subscription or service
- Changing mailing address
Let DoNotPay help you draft a proper letter to break your lease, so you don't have to live in a mold-infested living space. DoNotPay is only a click away because you deserve better!