Legal Question in Landlord & Tenant Law in Georgia
I reside in Georgia and moved to an apartment complex a month ago after signing a one year lease. However, I have given the leasing office a 30 day early termination notice because the propery management/agent has breach the leasing contract. Before moving into the apartment, my son and I was shown an apt (walk-through) first week of March sign checklist (agent took list quickly) and agreed to the apartment upon waiting for the approval. On 3/12/12, the agent called and stated that we were approved for the apartment. Also, he stated that I needed to bring in the deposit and first month rent to hold the apartment until 3/31/12. The same day, I paid the full amount with a cashier check and stated that I would be in 3/29/12 to sign lease. After signing lease, I asked agent for the keys; he stated that he could not give me the keys until move-in date (3/31/12). When I received the keys and entered the apartment, I realized that its a totally different apartment with excessive repairs that needed to be completes along with cockroaches, insects and mold causing my family sickness and emotional distress. He didnt not give me a copy of lease until 4/04/12 and copy of walk-through checklist until 4/14/12 which he had wrote the date 3/29/12 next to my signature to correspond with the lease;as though I had agreed to the unit I never inspected prior to taking occupancy. After his signature, he wrote over his date three times. Management failed to complete all repairs(after 30 days), as well as, lied about the checklist; however, their threatening me that if I break lease I would have to pay two months rent and forfeit my security deposit . Could management take action, if they breach the lease contract?
2 Answer from Attorneys
You should not withhold rent under any circumstance. The landlord's obligation to fix the issues is separate and apart from your obligation to pay rent. Your only recourse is to sue the landlord . If you dont want to keep paying rent to him, make sure it is being paid into the court registry or an escrow account specifically named for this purpose. You want to show the judge you are ready willing and able to uphold your end of the lease. Take pictures of the problems. Email or write letters to the landlord politely demanding that he fix the problem immediately. Consider hiring a lawyer. Your chances of success greatly improve.
Best of luck. -****the above is for informational purposes and does not establish an attorney client-privilege
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