Legal Question in Landlord & Tenant Law in Georgia
I have been renting the home I live in for almost a year now. The past year I have encountered manny things wrong with the house that my Landlord took his time to fix. He is now trying to evict me because I have not paid him in 2 weeks because he has not fixed something I asked him twice about. What do I do if he tries to take me to court?
2 Answers from Attorneys
Perhaps be ready to move. Witholding rent is rarely going to be the correct way to handle a maintenance issue. You also failed to provide any actual facts or specifics about what needed to be fixed so you won't get a meaningful response. Pay you rent, or take the risk.
Your obligation to pay rent is separate and apart from the landlord's obligation to fix things that may be wrong with the apartment. What do I mean by this? Simply, you CANNOT withhold rent from the landlord in most situations because he has failed to fix things. If he is breaching your lease (a contract) by failing to fix things, then your remedy is to sue him for breach of contract and/or for a court order requiring him to fix. If you don't pay rent, he can have you evicted, plain and simple.
If he sues you, you can counter-sue him -- just make sure you have the rent ready to go otherwise the judge won't care why you've withheld your rent.
Best of luck.*****The above is for informational purposes only and does not create an attorney-client privilege.******