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Damp apartment - can we break our lease?

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  • 17-05-2009 1:43pm
    #1
    Jellab
    Registered Users Posts: 79 ✭✭


    We are currently living in our ground floor apartment 2yrs 4mnts.
    When we first moved in there was condensation on the floor in our bedroom and some mould on the wall, (end of winter time) we told our landlord he got a builder friend out to have a look - he said it was apartment living and that the last tenants didn't open any windows (silly person), condensation went away after winter was over, the next year the same thing happened again, our landlord then got an engineer out - the engineer said the room was damp and if the landlord wished to proceed to sorce where the problem was steming from and fix it he would be available to continue his investagation. Our landlord did not continue and just left the problem as he said he didnt' want the hastle of it. He even talked of selling the place.

    Our Landlord told us if we wished to move out it wouldn't be a problem, but at that time we could not afford to move.
    That was in good times when tenants were easy to get for apartments and rent was high.

    We have resigned a lease in Jan 09 to Jan 10.

    I am now 4 months pregnant and I do not wish to have a new born baby in a damp apartment as it would be very unhealthy.

    My question is

    If we said to our landlord that the problem will need to be fixed or we will be moving out - or we are moving out because of the damp and mould

    1) Will we have to pay our rent until Jan 10
    2) How much notice will we have to give
    3) Will we get our deposit back

    Thanks for your answers in advance


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    #2
    ressem
    Registered Users Posts: 2,426 ✭✭✭ressem


    Based on Threshold's page on ending your lease...

    http://www.threshold.ie/page.asp?menu=74&page=256

    You need to put your complaint in writing. It doesn't specify a specific time to fix the problem. Presumably putting in writing a period of 6 to 7 weeks after delivery of the complaint would be generous to have repair works underway.

    According to that page, you will not have to pay for the remainder of the lease after moving, and are entitled to your deposit back provided that the landlord has failed to address the problem.


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