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voiding a rental agreement based on misrepresentation of rental property

By frustrated

My family and I previously moved into a rental property. Prior to moving in, the landlord stated that there had previously been a leak under the kitchen sink caused by the previous tenant. This leak had been unattended to for over a year. The landlord assured us that everything had been fixed, and that the house was in good liveable condition. So we moved in, and the very next day we noticed a musty smell coming from the kitchen area, the bathroom and through the air vents. I decided to have my husband check it out, so he crawled under the house in the crawl space and he found an abundance of mold. The flooring under the house was literally rotting away. He took pictures of it and emailed them to the landlord. She acted like she didn’t know about it and didn’t seem in any hurry to fix it. We stressed that the issue needed to be fixed asap but she made no attempt to fix it. We also filled out a walk-thru form and found a lot of broken things in the house which the landlord didn’t fix. I am highly sensitive to molds and developed a strong migraine just days after moving in. We just couldn’t stay in a house that was causing us health problems. So, we talked with the landlord and she reluctantly said she would let us out of our lease and she would give our money back. So we moved out just two weeks after we moved in. And she is refusing to give our money back now and saying we chose to leave even though we had a valid reason for leaving. We believe she misrepresented the house because the mold was already there and there is no way she didn’t know about it with the repairs they did to the above kitchen sink. Can we void the lease agreement, and if so, how can we get our money back? If I could get some advice on this it would be great. Thanks.
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Edited on: Friday, May 17th, 2013 10:32 pm
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