Mold Infestation Lease Termination
Summary
The tenant in Maryland faced a mold infestation in her apartment. Despite reporting the issue to the landlord and the county inspector, the problem was not resolved. The tenant requested early termination of the lease due to the uninhabitable conditions. The landlord did not respond to the tenants decision but later wanted to charge an early termination fee. The tenant had provided a 60-day notice and had documented evidence of the mold issue. The lease agreement had a clause for early termination fee, but the tenant believed she had valid reasons for termination.Full Conversation
I need some assistance for my tenant law
What specific issue are you facing with your tenant law, **** ****?
I had to break my contact due to molding infestation in my apartment
What state are you located in, **** ****? The tenant laws vary from state to state.
Maryland
What steps have you taken so far regarding the mold infestation in your apartment?
In Maryland:
- Landlords are required to provide habitable housing.
- Tenants can withhold rent or repair and deduct if conditions aren't met.
In Maryland:
- Landlords are required to provide habitable housing.
- Tenants can withhold rent or repair and deduct if conditions aren't met.
I requested for and early termination from the lease
What was your landlord's response to your request for early termination of the lease?
I also reported it to the inspector of the county
What was the response from the county inspector regarding your complaint?
For Maryland, the District Court of Maryland is responsible for landlord-tenant cases. Their contact is (*) *-*.
For Maryland, the District Court of Maryland is responsible for landlord-tenant cases. Their contact is (*) *-*.
They was okay with it but first they wanted to fix the problems but they just repainted over the mold infestation
Did you document the mold issue and the landlord's attempt to just repaint over it? In Maryland, evidence of uninhabitable conditions can support a tenant's case for lease termination.
Yes, in the email
What was the response from your landlord after you documented the mold issue and their attempt to just repaint over it?
They did no response by stating they understand my decision
What is your next course of action now that your landlord hasn't responded to your decision?
But now they wanna charge me a early termination fee
What does your lease agreement say about early termination due to uninhabitable conditions?
I move out with a SIXTY day notice with legitimate reasons
What does your lease agreement say about the early termination fee? In Maryland, landlords can't charge an excessive fee for early termination if the tenant had valid reasons.
It has a lot of gray areas however I rook pictures of my reasons of termination the lease plus my children have been sick from it
What does your lease agreement specifically state about the conditions under which an early termination fee would be applied?
SECTION *: EARLY TERMINATION
Tenant shall not vacate the Premises prior to the end of the term of this Lease, nor shall Tenant terminate this Lease agreement prior to the end of the term, without written consent from the Landlord. In the event that Tenant wishes to vacate and/or terminate this Lease Agreement before the end of the term, tenant must notify Landlord in writing with a SIXTY (*) notice. That SIXTY (*) day notice is null and void unless expressly consented to by the landlord in writing. Tenant should not assume Landlord has accepted the SIXTY (*) day notice until the landlord has provided such expressed written consent. That SIXTY (*) day notice does not take effect until the first day of the of the next month (in the event that the rent is due on a day other than the first (1st), then the SIXTY (*) day notice does not take effect until the next rent due date. (For example, if rent is due on the 1st, and the tenant provides the landlord with a written SIXTY (*) day notice on March 15th, then the SIXTY (*) days do not begin until April 1st.) All lease obligations, including the payment of rent, remain in effect through the entire SIXTY (*) day notice period and will remain effect beyond that period in the event that the Tenant remains in possession beyond the SIXTY (*) day notice period. Tenant's obligation to pay rent during the SIXTY (*) day notice period is not a penalty or early termination fee, rather Tenant is obligated to pay rent during this period because the Lease and all provisions contained therein remain in effect until the end of the SIXTY (*) days, including Tenant's right to the use and possession of the premises.
In addition to the SIXTY (*) day notice described above, a tenant that wishes to vacate/terminate the lease prematurely is ALSO obligated to pay an Early Termination Fee equal to one month's rent. Under Maryland Law, Landlord could refuse to allow Tenant to terminate the Lease prematurely and hold them responsible for all rents due and owing through the end of the Lease term until the time that the unit is re-rented. Rather than holding tenants responsible through the end of the Lease term, Landlord instead only requires tenant to pay an Early Termination Fee equal to one month's rent IN ADDITION to paying rent through the end of the SIXTY (*) day notice period. As soon as Landlord is able to re-rent the premises, Tenants obligations under the lease cease and Tenant would receive a credit/reimbursement for any rent collected/charged for any time where a new tenant is in possession of premises AND/OR an Early Termination Fee that was charged/collected as of the date that the new tenants take possession of the premises. FOR EXAMPLE - Tenant provides proper SIXTY (*) day notice to landlord on March *, *, which is expressly accepted by the Landlord in writing. The SIXTY (*) day notice period begins on April *, * and ends May *, *. Tenant would be obligated to pay rent through May *, *, PLUS pay an Early Termination Fee equal to one month's rent. Now in this scenario, Tenant restores possession of the premises back to the landlord on April *, *, and Landlord is able to re-rent the unit where the new tenant takes possession on May *, *. Tenant would be liable for rent through May *, *, only, and would receive a prorated reimbursement/credit for the remaining days in month of May * plus the Early Termination Fee. However, by way of example using the same scenario, if that tenant remains in possession of the premises through the end of the SIXTY (*) day notice period (*/*/*) and restores possession back to the landlord on that day AND Landlord is not able to re-rent the premises until August *, then tenant is obligated to pay and is liable for all rent due through May *, *, PLUS a MONTH Early Termination Fee equal to one month's rent.
SECTION *: EARLY TERMINATION
Tenant shall not vacate the Premises prior to the end of the term of this Lease, nor shall Tenant terminate this Lease agreement prior to the end of the term, without written consent from the Landlord. In the event that Tenant wishes to vacate and/or terminate this Lease Agreement before the end of the term, tenant must notify Landlord in writing with a SIXTY (*) notice. That SIXTY (*) day notice is null and void unless expressly consented to by the landlord in writing. Tenant should not assume Landlord has accepted the SIXTY (*) day notice until the landlord has provided such expressed written consent. That SIXTY (*) day notice does not take effect until the first day of the of the next month (in the event that the rent is due on a day other than the first (1st), then the SIXTY (*) day notice does not take effect until the next rent due date. (For example, if rent is due on the 1st, and the tenant provides the landlord with a written SIXTY (*) day notice on March 15th, then the SIXTY (*) days do not begin until April 1st.) All lease obligations, including the payment of rent, remain in effect through the entire SIXTY (*) day notice period and will remain effect beyond that period in the event that the Tenant remains in possession beyond the SIXTY (*) day notice period. Tenant's obligation to pay rent during the SIXTY (*) day notice period is not a penalty or early termination fee, rather Tenant is obligated to pay rent during this period because the Lease and all provisions contained therein remain in effect until the end of the SIXTY (*) days, including Tenant's right to the use and possession of the premises.
In addition to the SIXTY (*) day notice described above, a tenant that wishes to vacate/terminate the lease prematurely is ALSO obligated to pay an Early Termination Fee equal to one month's rent. Under Maryland Law, Landlord could refuse to allow Tenant to terminate the Lease prematurely and hold them responsible for all rents due and owing through the end of the Lease term until the time that the unit is re-rented. Rather than holding tenants responsible through the end of the Lease term, Landlord instead only requires tenant to pay an Early Termination Fee equal to one month's rent IN ADDITION to paying rent through the end of the SIXTY (*) day notice period. As soon as Landlord is able to re-rent the premises, Tenants obligations under the lease cease and Tenant would receive a credit/reimbursement for any rent collected/charged for any time where a new tenant is in possession of premises AND/OR an Early Termination Fee that was charged/collected as of the date that the new tenants take possession of the premises. FOR EXAMPLE - Tenant provides proper SIXTY (*) day notice to landlord on March *, *, which is expressly accepted by the Landlord in writing. The SIXTY (*) day notice period begins on April *, * and ends May *, *. Tenant would be obligated to pay rent through May *, *, PLUS pay an Early Termination Fee equal to one month's rent. Now in this scenario, Tenant restores possession of the premises back to the landlord on April *, *, and Landlord is able to re-rent the unit where the new tenant takes possession on May *, *. Tenant would be liable for rent through May *, *, only, and would receive a prorated reimbursement/credit for the remaining days in month of May * plus the Early Termination Fee. However, by way of example using the same scenario, if that tenant remains in possession of the premises through the end of the SIXTY (*) day notice period (*/*/*) and restores possession back to the landlord on that day AND Landlord is not able to re-rent the premises until August *, then tenant is obligated to pay and is liable for all rent due through May *, *, PLUS a MONTH Early Termination Fee equal to one month's rent.
Did you provide the landlord with written notice of the mold issue before requesting early termination?
Yes
Did you receive written consent from the landlord for your *-day notice of lease termination?
Pictures as well
Did you receive any written response from your landlord acknowledging your *-day notice and the reasons for it?
Yes
Yes, i will send you the emails that we has spoken about as well
I have been reporting these issues with the apartment complex since I lived here. Now, I have German roaches in my home which you explained to me before there is no sign of any bugs in my home. Please fix these issues in my home. I have mold in my pantry which I have reported to the management before youand nothinghave been done. I also reported about the leak and mold in bathroom and bedroom please fix these issues. Now, I am reporting the bugs infestation in my home for the second time please fix these issues.
Ms ****
Did you provide the landlord with a written *-day notice for lease termination due to the uninhabitable conditions (mold and bug infestation) in your apartment?
Yes
Yes i have
She sent me an email apologizing about the issues