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Januarybaby2019

Can we break our lease? Smell making me sick

3 posts in this topic

I have moved into this place end of May of this year and it has just been a total mistake. When we first saw the house we loved it we were not aware of all the problems.

 

I was a couple weeks pregnant when moving in here. I noticed a funny smell coming from the bathroom. It was like a sewer gas smell. The smell was making me sick. We tried drain-o down the drains and using a filter on the shower head, both no help. The smell comes a few seconds after turning on the sink or shower. 

One day I was coming out of the shower and the bathroom floor was soaked. The toilet had overflown from the bottom and basically sewage was on the floor. A plumber came out and unclogged it. Then it happened again a month later. This time the plumber that came said how this happened in January also. I was pissed that the landlord knew this happened to the previous tenants ( who I know also broke the lease but not sure why) and never told us or bothered to permanently fix the issue. 

 

My husband contacted him and said we would be breaking the lease if he had to clean up overflow one more time. So a month later the landlord had some pipes out front replaced to stop the overflow. Our toilet was also very loosley connected to the floor and it was tightened up. However they told us a pipe in the crawlspace was causing the smell and that needed to he replaced. Another month later they come to fix that but it's not fixed it smells exactly the same! We haven't had the toilet overflow thank goodness but this smell is strong as ever. It has caused me to throw up so many times I can't even count. I need to light candles and use a nose plug whenever I go to the bathroom which is just ridiculous. Our bedroom is across the hall from the bathroom and the smell is now starting to come into the bedroom also making me sick.

 

For the sake of my health and my unborn child I want out of here. My husband says we cannot terminate the lease since the landlord did try to fix it. My issue though is I am the one throwing up and nauseous all the time. I understand he sent a plumber out but it's still the same. We also got a water test and everything came out normal.

 

Is there anything we can do to legally get out of here? Our lease is up May 2019. I feel like asking for it to he fixed again will do nothing since apparently they did all they could. I want to leave as soon as possible but don't want to be sued of course but I am sick of being sick from sewer gas smell.

 

Thank you so much.

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Practical stuff:

 

You can leave any time you like and stop paying rent.  Your landlord will probably keep your security deposit and might make a report to credit reporting agencies.  The landlord also might sue for rent through the end of the lease term (subject to a duty to mitigate damages).  You can then present evidence that the house was making you sick and the court will side with one side or the other.

 

I suggest you consult with a local attorney or, at least, google something like "connecticut breaking lease because of habitability issue."

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3 hours ago, Januarybaby2019 said:

Is there anything we can do to legally get out of here?

 

Start by studying the CT landlord tenant statutes with regard to landlord obligations:

 

https://law.justia.com/codes/connecticut/2016/title-47a/

 

Pay particular attention to 833A about Public Enforcement of Health and Safety Standards.

 

Call your local health department and have them come out and inspect. There are devices that can analyze what you are smelling and determine if there is a health hazard.

 

 

 

 

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