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I broke Texas lease due to mold 6 months ago.?
The were aware and had a guy clean it out. It caused me serious health issues, as it was reoccurring mold. I couldn't take it anymore. I also listed the reason in my 60 day notice. I received a letter last week from debt collector for lease termination fees. When I call a debt lawyer, they tell me I need a real estate lawyer. I called real estate lawyer and they say they don't handle mold cases. It's not on my credit report yet. What are my options?
8 Answers
- Coffee DrinkerLv 72 weeks agoFavorite Answer
What are your options?
You can either pay it, try to negotiate a settlement for less, or wait until they sue you and ruin your credit with a judgement.
Mold is rarely hazardous, and can be cleaned with bleach water or a number of other disinfectants.
Cleaning the home is generally the tenant's responsibility. If the mold is occurring due to taking hot showers or just general humidity then its your job to clean the home to keep the mold under control. It may cause minor irritation but that can be addressed by wearing an N95 mask and making sure you have good ventilation while you work.
Cleanup only becomes the landlord's job if its caused by a faulty system such as a leaky roof, leaky plumbing, or a dryer that isn't properly vented.
Even if the landlord was responsible for the issue there is a legal process for breaking a lease due to an unresolved maintenance problem. You need to notify the landlord in writing of the problem, give them reasonable time to correct the problem, and then get a court order allowing you to break the lease if they still haven't fixed it. You cannot just unilaterally decide that your landlord's efforts were inadequate. Did you even do a mold test to prove that there was airborne mold?
The bottom line is that if they sue you, they will win and you'll have a judgement and trashed credit. I suggest you negotiate a settlement. Maybe they'll accept half the money. Maybe not, but its a starting point for negotiation.
Next time either honor your lease, pay the penalty or follow the proper legal process to break it.
- linkus86Lv 72 weeks ago
Contact a different real estate lawyer. Just because one lawyer says they are unwilling to take your case, doesn't mean all lawyers won't. Be prepared to prove the mold existed or recurred due to your landlord's negligence and how they ignored your requests for them to deal with it. Oops, you didn't bring it to their attention until you broke the lease? Well that creates a tough hurdle to overcome. Maybe instead your lawyer can explain to you how contracts work so you won't repeat this error in judgement. Good Luck.
- Anonymous2 weeks ago
Pay your debt. It was properly charged and is properly due. Humidity is YOUR responsibility in the unit you are renting. Since you did nothing about it the first time, you should have expected that the mold would return. It's just logical.
- LILLLv 72 weeks ago
When they take you to court to sue you, just have proof that you had the mold tested by a professional and it is actually a dangerous type of mold that caused you serious health issues. You will also need a statement from your doctor. If you don't have any of this, you have no case.
- SlickterpLv 72 weeks ago
you broke the lease, you need to pay, unless you can show that you requested repairs and they did not do any.
- Anonymous2 weeks ago
pay what you owe....did you follow legal state procedure to break the lease without penalty?
mold is not always caused by 'humidity' could be a roof leak for example
without looking up state law, typically, you would have to sue the landlord.
you could have also requested a reasonable disability accommodation of terminating the lease early if you have a chronic issue related such as asthma.
did a doctor and environmental tests prove it was toxic mold?
what some people refuse to understand is mold can get into walls, many people don't know it's there until it starts creeping out...landlord could have cleaned what was visible and left the rest after previous tenant.
https://www.texasattorneygeneral.gov/consumer-prot...
did you send a certified letter?
- Landlord365Lv 62 weeks ago
You failed to use the proper legally required process to get released from the lease by a judge. Because you failed to use the proper procedures you gave them the right to charge you the same as any tenant breaking the lease for no reason.
Mold is the responsibility of the tenant unless there is a broken fan, leak or other neglected repair causing it. If there is no neglect then the landlord is not responsible. Most mold is harmless unless you are alergic to it. The "toxic" mold is very rare, is not black & does not grow out in the open.