Legal Question in Landlord & Tenant Law in Georgia

I am a landlord to a unit in atlanta. I just purchased the home and began renting it to my second new tenant. The back of the house faces the back of a grocery store. The Tenant was aware of the Grocery store behind the premises and asked if there was any noise. I was not informed by my prior tenant of any noise complaints, so this is what I informed the new Tenant. The new Tenant is now complaining of noise at 5am from the loading trucks are loud and the beeping noises from them reversing is causing issues to sleep. She wishes to end the lease with out paying cancellation fees saying that she has a right to "quiet enjoyment." Am I responsible for this noise and from these trucks if I was not aware? Does she have a compelling case to take to court if this is escalated? There are 5 other units in this community facing the grocery store, so this is not an isolated home to this issue.


Asked on 8/08/16, 10:53 am

1 Answer from Attorneys
Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

Yes, she has a right to quiet enjoyment, but that only pertains to interference from the landlord and not third parties. As long as you did not misrepresent or actively hide something from her, you should be fine.

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Answered on 8/08/16, 11:10 am


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