there is a clause that indicates thatthe tenant is not responsible for damage that is caused before living in the residence. Ifthe landlord decides not to repair or rebuild the premises
the lease will terminate
andthe rent will be prorated until the damage occurs (Clause 11/Damage to Premises).Despite still having time left on his lease
Joe has the right to terminate his stay since hedid not cause the damage to occur. In the textbook
the section on landlord/tenantagreements states that Alecia
the landlord
must terminate Joe’s lease
meaning hedoes not have a legal obligation to stay (Chapter 39/Section 2/Page 22). By virtue ofAlecia’s failure to respond
Joe has the right to move forward with Clause 11 on hisResidential House Lease Agreement.Furthermore
Joe may deposit his rent into an escrow account in addition to terminatingthe lease. In the textbook’s section on landlord/tenant contracts
a tenant has the optionof depositing rent into an escrow account if the landlord fails to meet the impliedwarranty of habitability
which states that every landlord must maintain and fix theresidence (Chapter 39/Section 2/Page 18). Since Alecia must repair any damage thatwasn’t caused by Joe
the current resident
the moldy leak in the residence falls underthe warranty of habitability. Until Alecia the landlord fixes the leak/black mold issue inthe housing unit
Joe can deposit his rent money into a separate account that holds hispayment until Alecia fixes the issue. If Alecia continues to be unresponsive
Joe maycontact local enforcement officers to report the leak and mold issue. As well as havingthe necessary visual documentation of the mold for proof
if Joeâs property is deemed tobe damaged or of hazardous health status according to Clause 14C in the leaseagreement
state and local laws permit that the landlord must try their best to repair thedamage or Joe may also sue/involve law enforcement(Clause 14C/Maintenance andRepair).
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