Legal Question in Landlord & Tenant Law in Georgia

No repairs no rent! Am i within my rights?

since the first week we move into the apartment we've had water leaks of which were ''fixed''. In May the soap dish came off the wall taking a few tiles with it. We reported the incident to the management 5 times with nothing being done. the 5th time we asked one of the management staff to put in writing that we stopped in to tell them about the tile needing to be fixed. They sent a contracter out but he never returned to fix it, he just pulled a few more tiles off. The next time we talked with the ''available'' property manager we informed him that we will pay the rent for june but nothing after june unless the tiles are fixed, he said ok; we fear that we may have a mold problem with all the leaks that we've had in the apartment. with every shower water is pouring into the wall. 2 months pass with no word from the rental office. Sept. 1st the property manager's demanding rental payments for august, yet the tile still is not redone. The property manager accepted our utility payments for each month that we didn't pay rent. we didn't recieve any memos stating we owed rent for those months. Since the ''true'' property manager is back they want to collect rents. our lease is up soon. What are our rights?


Asked on 9/06/05, 11:33 pm

1 Answer from Attorneys

Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

Re: No repairs no rent! Am i within my rights?

Assuming the apartments are breaching the lease by not making the repairs in a timely fashion, you would then have the right to terminate the lease and sue for damages incurred due to the lack of repairs.

If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.

The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.

Glenn M. Lyon, Esq

MacGregor Lyon, LLC

Promenade II

1230 Peachtree Street NE

Suite 1900

Atlanta Georgia 30309

Phone 404.942.3545

Fax 404.795.0993

[email protected]

www.macgregorlyon.com

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Answered on 9/07/05, 11:12 am


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