Can I break my lease for medical reasons?

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Old Aug 15th, 2008, 02:17 PM   #1
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Default Can I break my lease for medical reasons?

I moved in to my apartment not even 1 month ago. The second day here I started to have problems with my allergies. It has now progressed to aggrevating my asthma, allergies and missed work due to sinus infection with raging fevers. I have talked with my landlord multiple times about this. I have been to the doctors multiple times. My doctor has given me a note stating this apartment is making me very sick, to please let me out of my lease.

The LL did have someone come and check for mold, refused to give me a copy of the results and just stated It was negative.

Can I break my lease? I live in Michigan
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Old Aug 15th, 2008, 09:09 PM   #2
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Default Re: Can I break my lease for medical reasons?

[doctor has given me a note stating this apartment is making me very sick,]


If it is completely uninhabitable for you, that indeed may be reason to break the lease. But save any and all evidence in case the landlord takes you to small claims. You would have to show it was impossible to live there.
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Old Aug 16th, 2008, 08:13 PM   #3
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Default Re: Can I break my lease for medical reasons?

Your allergies and medical condition are not your LL's fault. You cannot harm the LL monetarily because you have allergies. Only if your unit was uninhabitable to an average, reasonable person would it be deemed uninhabitable and allow you to break a lease. Allergies do not fall under the Americans with Disabilities Act in order to terminate your lease. You can take shots or pills to stop the allergic reactions.

That said, if you belive the unit has dangerous mold and can see the mold, write a letter to the LL to have him make repairs and remove it. Send it certified, RRR, and keep a copy. If he fails to respond, call the health department, a building inspector, or an air quality control company (certified in mold remediation) to inspect and assess the situation. With a report from a certified professional, you can force the LL to repair or you can terminate.
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