i need advice asap i want my money back

[mcacr]

i signed a lease on may 30,2008 i have not yet moved into this apartment. i
know that the apartment smelled bad and told landlord about it. they told
me when i signed the lease that they have not had a bed bug problem since
2006. come to find out my upstairs neighbor has them. this is a house
apartment and we share a basement. i also found out that the reason the
house smells is from mold. the carpet is molded and the kitchen cupbards. i
also found a lot of mice poop. dead roaches and my husband found an alive
baby rat. i want money money back are they obligated to give me it back.
they lied to me and trick me and i can not have my two year old living in
those conditions thanks you

No. You need to write a request to repair the problems to the LL and send it by certified mail, return receipt requested, keeping a copy. Ask that the LL contact you to tell you when he will exterminate. As for any mold, without lab tests from certified and qualified people, you can't prove it. Even then, only one type of mold (black mold) is harmful to people. The chance of any mold being this type is less than 1%. So try cleaning the mold up. A product called JoMax is available from hardware stores in a spray bottle and does wonders for mold or mildew. Additionally, you don't say where this mold is. If in a bathroom, it could just be mildew and not mold. He could also claim it is your fault for lack of proper cleaning.

If he fails to exterminate within no more than 30 days, call the health department or city inspector for an inspection. They will order him to exterminate and you will be able to deposit your rent into court escrow until he does.

Unless he fails to take action after your written request, you cannot terminate.

[mcacr]

the mold is in on the kitchen cubboards and on the carpet in the living room. he is now making repairs because the heath department is comming. i havent moved in the apartment yet and he knows that we were just at the apartment talking and my stuff isnt there and so it wouldnt be my fault i still at my other apartment thanks

Whether you chose to move in or not, you have signed the lease and taken possession of the premises. As such, a LL can still attempt to hold you responsible for anything that happens at the unit. You are in control of that unit now. Protect yourself!

[mcacr]

how do i protect myself

Did you do a condition inspection sheet at move-in with the LL? Did you immediately put the problems in writing and send them to the LL by certified mail, return receipt requested? If not, you have no proof that those conditions existed when you took possession of the place. Always get an inspection at move in. Make all repair requests by the method listed. Take photos at move in and move out. While the LL may "know" you haven't moved in yet, you have no proof of that either. You have the keys and possession. You are in control of that unit.