Q: we have a mold issue in our AC unit. we have notified them. it has been 16 days and nothing is being done

A: The answer to your question depends on many facts not stated in your question. First, what your lease agreement says will be extremely important in determining your rights and your landlord's obligations in this particular circumstance. Usually, a lease does not allow a tenant to terminate it for a simple maintenance issue like mold. On the other hand a pervasive mold issue may render the premises uninhabitable.

Second, mold is fairly common in Texas and its mere presence in an AC unit standing alone is at best grounds for further inquiry, not necessarily for early termination of a lease. There are many different types of mold. Many are harmless. Some can be harmful depending upon the amount and type of mold present. Typically, this is determined by a certified mold inspector who prepares a mold assessment report. It sounds like that's what they mean by the "inspection results."

Third, your fiance's breathing issue may or may not be related to exposure to mold. Typically you will need medical evidence that her breathing issue can be caused by the type of mold present in your unit in the quantity found there. (general causation-this problem can be caused by this type of mold). And you will need medical evidence from your fiance's doctor that her particular problems were in fact caused by that mold based upon diagnostic testing. (specific causation-her problem was caused by that type of mold which we found in her lung tissue). A detailed medical report would go a long way toward establishing that the mold has rendered the premises uninhabitable.

Fourth, mold can usually be remediated effectively. While it may be preferable to discard a thoroughly moldy window unit, HVAC systems can almost always be adequately remediated without the need for replacement. Typically, a lease gives a landlord a reasonable time to make repairs like remediating mold. Unless the premises are uninhabitable, you may be limited to remediating the mold yourself and deducting the cost from your rent. The Texas Property Code provides a very explicit process for availing yourself of this remedy, and you ought to follow that process precisely.

Fifth, vacating a lease early without paying rent in full through the end of your lease term can impact your credit.

Sixth, your renter's insurance likely covers alternative housing during necessary repairs if the mold is dangerous and so pervasive it renders the premises uninhabitable.

A: If you're dealing with unresolved mold issues in your AC unit that have significantly affected your health, leading to an emergency room visit, your concerns are certainly justified. Generally, landlords are responsible for maintaining rental properties in a habitable condition, and severe mold problems can render a property uninhabitable. Given the serious health implications and the delay in resolving the issue, you may have grounds to request an early lease termination without penalty. However, this depends on your lease agreement and local tenant laws, which vary by location.

Leaving before your lease ends due to uninhabitable living conditions may be possible without it negatively impacting your credit, especially if you document everything. It’s important to communicate with your landlord in writing, stating the health issues caused by the mold and your request to terminate the lease early due to these uninhabitable conditions. Keep records of all communications, medical reports, and any other documentation supporting your case. This evidence could be crucial if the matter escalates or if there's a dispute about breaking your lease early.

If you choose to move out and your landlord attempts to hold you responsible for the remaining lease term or reports you to credit agencies, you might have grounds for a lawsuit. In such cases, tenants often claim breach of the warranty of habitability. Before taking any legal action, consulting with a legal expert in tenant rights might be beneficial to understand your specific rights and options. This step can help ensure that you're taking the correct actions to protect yourself, both legally and financially, under your jurisdiction's laws.