Legal Question in Landlord & Tenant Law in Georgia

Landlord took months to make repairs. Last straw was when the dead tree fell and struck the home. Tree was supposed to be removed 10 months ago. We have had nothing but problems and want to break lease 1 month early with 60 day notice and they refuse to accept and are making us pay early termination fees and relinquish our damage deposit. We would like out of lease or sue for our damages since we never got to truly enjoy the home. Any suggestions? Also, we asked for a one year lease and they slipped in an extra month making it a 13 month lease.


Asked on 10/31/12, 9:22 am

1 Answer from Attorneys

Scott Riddle Law Office of Scott B. Riddle, LLC

Your post does not add up. Your "last straw" was something that happened 10 months ago? That indicates the issue was not important. You also fail to tell us about other issues that affect your use of the home or indicate a breach of the lease by the landlord. Assuming you have lived with these issues for at least 10 months, you only have, at most, 3 months left on the 13 months lease (nothing was "slipped in" a lease you signed and agreed to). You can try to move, get sued by the landlord, or possibly worse - get a ding on your credit that will cost you a lot of money over time and may even prevent you from getting an apartment or buying a house later. Or, you can wait it out as you have done for 10 months, follow the terms of the lease, and move on. Landlords are used to tenants coming up with reasons like repair issues when people want to break the lease. You have not given us a clear reason why the landlord has breached the lease. Maybe you have a good argument. You might find a lawyer willing to take a significant retainer to sue the landlord and spend thousands on a case that likely has little chance at recovery if you can only say that something that happened 10 months ago was the issue.

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Answered on 10/31/12, 11:56 am


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