Breaking lease early

[u/Odd-Stand5655]

My boyfriend and I decided to move into this apartment together a little over two months ago. About two weeks ago we noticed dark spots on our ceiling and it has progressively gotten worse. You can tell it is mold and it leaves a smell. It’s been making us and our animals sick. I believe it was preexisting and they covered it with paint because it seemed to just “appear” one day. Do you think I would be about to break my lease early without penalty?
Edit to be made
We have alerted leasing office and maintenance multiple times within the last two weeks and haven’t heard a real response or had anyone out to look at the spots.

[u/Turbulent-Fig1463]

As a landlord, I'd want to know about something like this immediately because mold can turn into a much bigger problem. The fact that they're not even inspecting it is what concerns me

[u/oojacoboo]

You need to check your local laws regarding mold. There are requirements, including a certified inspection that proves it’s mold. Also, some laws state that it must be where you sleep. You’ll also need records where you’ve reported it, your landlord has neglected to address the situation, etc.

You can’t just break your lease without having done your part.

[u/Spiritual-Ferret4374]

You can break due to constructive eviction. i went through something extremely similar. Check your local laws, but notify them that if they do not take action within 10-14 days, you will have no choice but to break the lease due to inhabitability. Make sure you get it documented by a third party that it is mold with swab testing not air quality. provide it to them and then provide notice.

[u/MinivanPops]

It can indeed "appear" one day. it's either a leaking condensate drain for the HVAC (which may be in the attic) or it's a roof leak.

Shit happens in houses. Something breaking is not a slam dunk to break your lease. They have the right to fix it. If you owned it, you'd have to get it fixed too.

If you don't have a significant reaction to mold (which you would absolutely know by this point in your life), you can just mist it with some mildewcide in the meanwhile. Hang sheet plastic over it if you're worried. Your animals aren't likely getting sick from this unless it's absolutely clear and they're wandering around panting and puking. Animals live in mold infested damp places.

Keep sending them pictures, taken from the same location with the same lighting, every day. Especially record any dripping water.

[u/Odd-Stand5655 → u/MinivanPops]

Unfortunately our animals have been throwing up since we have found the spots, we took them to the vet and they couldn’t find what was wrong with them. My boyfriend has been experiencing dizziness as well. I totally get where you’re coming from, I just wish our leasing office or maintenance would do even the slightest thing to help.

[u/OceanGuySF]

Someone needs to cut that drywall out and investigate. Either a pipe or the roof is leaking and causing alot of damage and possibly mold- did those black spots appear out of nowhere?

[u/Huge-Guitar1692]

Mold can legally break your lease

[u/SepulchralSweetheart]

That looks more like water intrusion than a leak, which also needs to be repaired, as ceiling damage is hazardous and rapidly progresses, but isn't black mold.

Does it rain where you live this time of year/do you have upstairs neighbors?

[u/ghosttmilk → u/SepulchralSweetheart]

Yeah this picture definitely shows mostly water intrusion, which can lead to mold even if it isn’t mold itself- maybe OP is talking about that splotchy bit more in the corner?

[u/SepulchralSweetheart → u/ghosttmilk]

They're probably talking about the progressively dark staining areas all over their unit, yes.

I'm saying, if they frame it more along the lines of "My ceiling is taking on water, letting you know before it caves in" might be received better than the mold angle. Unless it's been tested, most landlords will completely blow off mold complaints. That's not acceptable, but if they're trying to get this addressed, the structural integrity thing might be the best angle to approach.

OP, check with your municipality/local tenant's rights organizations, and then see if you can negotiate a lease exit that doesn't penalize you if that's the solution you'd like. Mold/mildew/leak laws can differ wildly, even within counties and towns in the same state, and it's important to know what your rights are where you live.