Q: My husband and I are renting with the option to buy can we get our money back?
We just moved in found black mold after a week and 1/2 then the neighbors told us that the seller/ landlord new about the mold but covered it up. I am highly allergic which the seller knew before we moved in and I cannot stay in the home. If a lease with option to buy is considered a sale shouldn’t he have given us disclosures? How can I get out of this lease. My life depends on it.
A: When you lease the there is a warranty that the premises are "habitable", which your house is not given the black mold. Contact the landlord (with the correct notice as per your lease) advising that the premises are not habitable due to the black mold. If he refuses to return your money ( I would also demand broker's fee if there was one) you must go into landlord tenant court.
A: Sure. If you are sued you have a defense.
A: You may be able to negotiate terms that would allow you to "break" your lease. You may even have a claim for damages. You would probably have better results if you were to retain an attorney from the outset.
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