Legal Question in Landlord & Tenant Law in Georgia

I live in Atlanta, Ga. I have a clogged tub that has been relatively stopped up since August and has gotten progressively worse. I have contacted my landlord and now she says that I will be charged $75 repair fee and that she will cover the rest of the repair. She says, "per the lease, there is a $75 maintenance fee". The lease says that the tenant is responsible for repairs. I showed her the ga landlord tenant handbook; in short, it states that the repairs are the landlord's responsibility at no cost to the tenant. She says that the $75 charge is a deductible and that her clause in the lease is in accordance with ga law. Can you tell me if the deductible is legal? she says that the GA handbook is a guideline and doesn't apply to our situation.


Asked on 12/28/11, 4:46 pm

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

The first thought that comes to mind (and the information not provided) is why the tub is clogged. If the tenant caused the issue (and obviously clogs are usually caused by the person actually using the sink or tub), the landlord should certainly expect to pay for some or all of the damage. All facts are relevant when reviewing the lease (and no one here has it to review the specific language).

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Answered on 12/31/11, 6:48 am


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