Legal Question in Landlord & Tenant Law in Georgia

Lanlord-Tenant Breech of Contract & Negligence

Landlord knew of preexisting water damage in house for rent. Said water damage was to be repaired by landlord and was added in writing to lease before signing. 6 months later, landlord decided to fix after serious illness in tenant child. Black Mold was found in wall and carpet and was tested and found to have been the cause of multiple illnesses in tenant family. Landlord, who had paid for tenants to stay in motel until resolution, stopped paying hotel bill before resolution. Tenant had always paid in accordance with lease, but at this point decided to stop payment on current month's rent due to extraordinary expenses related to their breech of contract & negligence in remediating the water/mold problem. They gave tenant 60 days written notice via certified letter and the next day served them with a 7 day dispossessory despite the 60 day notice already given. Tenant feels they are entitled to damages along with full return of monies paid including deposit thus far. Obviously, the landlord feels differently and is suing for the stop payment. Who is right?


Asked on 8/26/07, 2:32 pm

1 Answer from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

Re: Lanlord-Tenant Breech of Contract & Negligence

Who is right is based on hearing both sides of the issue. You provided one side. A lawyer will have to review all facts to determine whether you have a claim. One solution would have been to find a new rental home when the original lease was (allegedly) not followed in removing the damage, rather than moving to a motel then moving back in.

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Answered on 8/26/07, 2:45 pm


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