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6 Fix | Tenant wants out of her lease

She says the mold in her unit has caused her major breathing problems, so she doesn't use her A/C.

TEMPLE, Texas — Moldy troubles while being stuck in her apartment lease has Brooke Apartments resident Sevrianna Arizmendi stressed out and fed up.

Arizmendi signed a lease with the complex in March 2022. One year later, there was a flood in her building caused by heavy rain. 

Arizmendi says soon after this, mold began to appear in her apartment vents and on her walls.

"This is uninhabitable. I can't live in this situation anymore," Arizmendi says. 

When she told apartment management, she says there was not much help. 

"They said that they aren't legally able to say what it is because there's no test, so I said I'm going to go get the test myself and I'll test the mold myself," Arizmendi explained. 

Arizmendi said the property manager told her they would contact the district manager to help out with this problem.

She was also told by the Brooke Apartments property manager that she could not break her lease free of charge because the apartment complex was purchased by another company before she reported mold in her unit.

So if she wants out of the apartment, she would have to pay a termination fee. This is something she is completely against having to do.

Arizmendi hasn't been using her A/C for the last month because of the mold. She says the air from the vents is making her very sick.

So what rights do renters have in cases like this?

According to the Texas Attorney General, you have a right to demand that the landlord repair any condition that materially affects your physical health or safety. 

6 News legal expert Liz Mitchell says taking this situation to court could be the best option.

Mitchell stated, "She does have a few options, but it's going to involve a court order. When you enter into a lease agreement, you have entered into a contract and basically, it's a really high threshold."

"You're talking about this having to be a notch below it's on inhabitable. Like the mold is so bad that it's going to materially affect someone's health," Mitchell continued. 

Arizmendi is in talks with management to help resolve this issue without taking legal action.

6 News will update with the latest

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