Legal Question in Landlord & Tenant Law in Georgia

Roof Leaking

We have been living in a townhouse for 5 months our lease is up at the end of this month. We reported to the landlord in April that the roof was leaking when it rained. The landlord didn't respond to this request. It's now August and the roof is still leaking. We sent her a certified letter stating the problems that needed to be fixed only one was done. A piece of plastic was placed on the roof. We haven't paid the rent this month and we have received our notice to pay within 3 days. I have video footage of the roof leaking. Do you think I should go to court and sue the landlord? There is also mold on the rug, where the central air unit was leaking for a month.


Asked on 8/10/06, 11:59 pm

1 Answer from Attorneys

Scott Riddle Law Office of Scott B. Riddle, LLC

Re: Roof Leaking

Sue for what? A lawsuit when your lease is up in 3 weeks, after a 5 month stay? It appears that the ongoing damage is to the landlord's property, not yours. If you had several months left in your lease, it is one thing (even then a lawsuit would not be the first, or second, option), but how much of your life, time and money do you want to spend on a place that you are moving from in 3 weeks? You are also not entitled to simply withhold all rent because of a defect, but to follow the proper procedure for repairing (which, at this point, are not really relevant). Without excusing a landlord for not keeping the place up, this is something that should have been handled before you are ready to move. Resolve it, perhaps with a reduction in rent, before you move. Landlords also regularly report to credit bureaus, and that may file suit against you for rent and eviction, thereby clouding your credit report and causing you time and expense (even if you had a good argument for a reduction - with is arguable based on your post). All for something that ends in 3 weeks.

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Answered on 8/11/06, 6:36 am


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