Lease termination construction noise and moldy AC

Hi all, I figure I’m better off just losing the deposit rather than trying to fight it but it’s worth a shot.

Are there any provisions for securing the return of an apartment deposit based on noise, misrepresentation by the landlord and nd neglect by the landlord?

I moved into a place a few months ago and 1 month after I moved in they put up scaffolding on the building and started rehab construction work on it. Every morning Monday through Saturday at 9 am construction noise Averaging 75 decibels commences. Some days I’ve recorded a sustained 94Db with spikes up to 105db. My work schedule had been such that it wasn’t a big problem except for Saturday’s but now it’s changed so that I’m home in the morning and I cannot even think when I’m in the apartment.

Since the scaffolding went up the AC unit has also started stinking badly. I think they may have blocked it from draining properly when they put up the scaffolding. Basically everything in the house smells like mold now. I’ve asked if there’s a filter I can change with no answer. I looked up the manual for the unit and checked the filter: it’s clean. I’ve asked the landlord for help but have gotten none so far.

I was going to stick it out until June and just move out and quit paying. At that point I return to the US for a few months, but I’m thinking now I may have to get an Airbnb for May because it’s become so unlivable. I’m prepared to take the cost of the deposit but I really feel the construction should have been disclosed before signing and that the AC unit neglect is breaking the terms of the contract. Is there a way to get the deposit back and is it worth fighting? I’ve been recording the decibel readings for the noise but don’t have a way to document the smell other than text messages.

Thanks!

If you got it through a real estate agent, he/the landlord would have known in advance that there would be repairs conducted on the building. Speak to the building mgmt if you can to find out when they informed residents (check the notice boards). If it all checks out, then file a complaint about your real estate agent lying/cheating you with the housing authority as it is a regulated activity. Of course, scare the agent before you file the complaint and try capturing him denying it or blaming the landlord on camera (Don't let anyone know as it may not be legal to record someone). If he blames the landlord, then you have some level of proof that the landlord lied to the agent and you. You can always approach the agent again or the landlord with proof of a recording (you should not give a copy to anyone. That you have something will scare them enough). If you have a lawyer friend (to save you the cost), get them to send a letter to the landlord. Typically for someone to reply it will be an expensive process (lawyers charge a few thousand for letters). Ask someone in your office to help out. Read through the terms and conditions on the rent agreement as well and use the same terminology in your letter to the landlord.