Breaking a lease in CT

[angel1964]

We have lived in our rented house for 1 year and 5 months. We have never received a copy of the lease and we are now on our 2nd lease. Its per year. We called the landlord becasue we want to break the lease. The rent is too high and we need to find a cheaper rent. He said he never breaks a lease for anyone. When we mopved in he also said he would have someone mow the lawn. He has never done that. My fiance has to mow the lawn. Didt supply us with shovels for the winter. and we had a flooding problem in the finished basement that he was suppose to fix over a year ago and he still hasnt. He took out the moldy rug because it made my daughter sick and she enede up having to get her tonsils and adnoids out. Who knows how much mold is in the walls and the bar he built. We havent complained about the problem being fixed becasue of of this date the basement hasnt flooded again but who knows what is lurking as far as mold. He told us he couldnt fix it right now because him and his wife were expecting a baby. Any way i need to knwo if there is any way I can break the lease and still get my securtiy which is $2800.00 plus it should be in the bank earning interest. I would appreciate nay help I can get.

What state are you in?

Did you sign a lease for the second year, but just never get a copy of it?

If you have accepted the lawn duties for the last 17 months, a court may consider that length of time (without complaint) as accepting of your responsibility for the lawn maintenance. You have shown that you are willing to do this job for all this time. A court may say it is now your job. Was this also written in your 2nd lease that he would be responsible for lawn care?

Only certain states make the LL responsible for snow removal, and then only for certain types of properties. Are you in a single family house? If so, it is probably your responsiblility to do the snow removal. He is not obligated to provide snow shovels for you to do this. Most states limit the LL's duty for snow removal to multi-family properties, and some states say the LL has no obligation at all toward snow removal.

I don't understand why you have never asked for repairs. Although it is doubtful that tonsils are specifically linked to the flood (floods cause mold - mold does not cause tonsilitis. It is usually an infection.). Still, you should have written to the LL and asked for repairs. It should have been mailed certified, rrr, and a copy kept for your records. He would have been obligated to fix the problems. Since you have never done this, you have no proof that you ever told him about any problems. In the eyes of a court, it will appear that there has been no problems there.

State laws say that you must request repairs and give the LL a reasonable amount of time for repairs, before you can break a lease for failure to repair. You don't have any repair requests or proof of problems. High rent is not a legal reason to break a lease. Without proof that he failed to fix things, you can't break the lease. Send the letter today!

just visiting but i think the comments of the poster above are very smart and very helpful



Denver mom and apt property owner

[angel1964]

I live in CT. We did tell the landlord about the repairs and what needed to be done. As far as my daughter she has been sick ever since the flood happenend and the rug was soaked and the wood and walls. He changed the rug but didnt take care of the walls or wood where the bar is built. He knows about it becasue he had some company come and look at it and he denyed them becasue they work from the inside out and he didnt want the inside of the house torn apart. So he told us he would do it after his baby was born. The kid is born now. 2 months old and we still ahve heard nothing. The problem is, is that my daughter is still getting sick so there has to be mold some where. In the lease for the first year he said he would take care of the lawn and then didnt. I dont know what this years lease said becasue we never got one. and we signed the lease in MArch. Thanks for your feed back.

Didn't you read the lease when you signed it? Request a copy of that lease. You may find out that you are now responsible for the yard.

Never tell, or e-mail, repair requests to the LL. They need to be in writing or you can't prove he ever knew about them. You need a written copy to show that he was informed and that he received the request. Only then can you prove that he failed to make repairs. Send the repair request immediately by the method stated previously.

Next, how do you know that mold is what is making your daughter sick? Has a doctor diagnosed mold exposure? If not, you will be unable to prove the connection for a judge. It could be something else. Get a diagnosis, in writing, from a doctor. If he won't put in in writing that is is definitely mold (he'll have to do some tests to figure this out), you will be unable to prove it is affecting her.

You could have some mold tests done. Do not get those cheap ones from the drugstore. They are notoriously inaccurate since mold is present in the air everywhere. You need real laboratory testing of the air which will show the strain of mold present and the levels of mold in the house. Outdoor tests should also be done to show that levels are elevated in the house (and its not just from a moldy forest nearby or something). An air quality control company or one that is certified in mold testing would have to do these. You need to be able to show the strains of mold present (some mold is everywhere - you need to show that this mold is a harmful type) and the levels for these, to be of any use in court.