QUESTION
If i decide to leave housing due to unfit health conditions due to severe allergies to mold in the building, should i be able to terminate my contract
Asked on Nov 17th, 2011 on Contracts - New York
More details to this question:
should i be able to terminate my contract without any financial liabilities. The contract does not address health concerns, and my building, as with most of the school housing is over run with severe mold. All they do is paint over it, and the i have had to keep my epi pen, my inhaler, and my medicine nearby at all times in the room in the event of an attack. I want to move out after this semester, but they''re telling me i am required to forfeit 75% of the next semesters payment, even though i haven''t paid it yet. unsuitable health conditions are not covered under refund and cancellation policies, and is not addressed at all. there is a section "all other cancellations" but i do not think that my reasoning should warrant having to forfeit the remainder of my money when the living spaces are unsuitable for my health.
1 ANSWER
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The school is required to provide a "habitable" place for you to reside. If the premises is dangerous to your life, health and safety, that would constitute a breach of their obligations. Advise the school in writing of the mold infestation condition, take pictures, document the problem. If possible get a letter from your Dr. indicating that the conditions in your apartment are detrimental to your asthma. Present all this to the school, if they do not respond in an appropriate way then an attorney would be able to pursue the matter on your behalf.
Answered on Nov 18th, 2011 at 12:18 PM