Legal Question in Landlord & Tenant Law in Oklahoma
Can I legally Break My Lease
I live in an apartment that has central air. when summer started the air conditioner started leaking, I reported it several times and nothing happened. then the hall way cieiling cracked and water started poring out of it. I shampoo up about 2 shampooers full of water a day not to mention the buckets of water i dump out. Mold has started growing and me and my son both have asthma does this give me the leagal right to break my lease and not get held responsible for it so my son and i can move on to a different appartment where i don't have to worry about us getting sick. I heard mold can do some really bad things to your health. Please I need some legal advise and I am a single mom who cant afford an attorney. I did take pictures of our living conditions.
1 Answer from Attorneys
Re: Can I legally Break My Lease
Yes. Particularly if you have concerns that affect your health and safety; or the environment is not condusive to your needs, as in this case. You have several reasons that your health; or the health and safety of your child is at stake but you must give the owner/landlord an opportunity to fix the mandatory problems and/or repairs to your satisfaction. This is usually a short period of no more than ten days, particularly, if it is an emergency, health or safety issue. In all of my responses, I reinterate the need to document your conversations and reports to the Landlord, by letter. Keep a copy for your records with proof of delivery, then, if any legal action is taken or they chose to keep your deposit, you will have "documented" protection to substantiate why the lease had to be broken.
However, this lease can only be broken after the Landlord has been notified and he or she is given an opportunity to fix the problem. Make sure the Landlord is aware of the health issues as well. After, this period you can move out and you are allowed 30 days, with or without, notice to the Landlord, particularly, after clearly identifying the circumstances that exists. Any additional information can be found by reviewing the Landlord/Tenant Act. I hope this helps.