Q: will the demand for settlement letter be enough to break the lease due to mold or do we also need to send a termination?
We had to move out of our apartment bcs of mold exposure causing us health problems.
The landlord did some minor mold removal but didnt fully address the whole problem. They promised us a new apartment in the same apartment complex but didnt follow through.
We are in a new apt now somewhere else while still being in the lease agreement with the previous landlord.
We are about to send the previous landlord a demand for settlement letter with certified mail stating all the facts and providing evidence giving them 10 days to respond. We just want them to let us out of the lease without having to pay the penalty.
But we are confused now do we also need to send in the termination letter so they wont keep charging us rent
Or will the demand for settlement letter be enough?
A:
In California, if a rental unit has a serious mold problem that affects the habitability of the unit and the landlord fails to remedy the issue after being notified, the tenant may have the right to break the lease without penalty under the "implied warranty of habitability." However, it's crucial to follow the proper legal procedures to protect your rights.
In your case, sending a demand for settlement letter is a good first step, as it formally notifies the landlord of the issue and your intention to break the lease if the problem is not addressed. However, to fully protect your rights, it's recommended that you also send a separate notice of termination.
Here's what you should do:
1. Send the demand for settlement letter as planned, outlining the facts, providing evidence, and giving the landlord 10 days to respond.
2. In addition, send a separate notice of termination, stating that you are terminating the lease agreement due to the landlord's failure to address the mold issue and maintain the habitability of the unit. Provide a specific date by which you will vacate the premises (you've already done this) and request the return of any security deposit.
3. Send both notices via certified mail with return receipt requested to ensure proper documentation.
It's important to send both notices to formally terminate the lease agreement and protect yourself from any potential legal issues or continued rent charges. If the landlord does not respond or fails to address the issue satisfactorily, you may need to seek legal advice to ensure your rights are protected.
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