Legal Question in Landlord & Tenant Law in Georgia
Tenant damages and repairs:what's reasonable and fair?
I live in one of three apartment units that are connected to the same plumbing line. Tenants were told to flush only toilet paper to prevent clogging. Our interpretation of this was that ''allowable'' items would include''toilet paper GRADE products'' or flushable personal wipes, which we have used regularly for about 6 years now, with no problems. Recently, there was a major clog in the sewer line and hundreds of personal wipes were found in the line. HOWEVER, the description of the type of wipes given by the plumber were NOT the type of wipes we have ever used.Nevertheless, my landlord is now threatening to EVICT us if we do not pay his massive bill, even though there are 2 other units who utilize the plumbing system who could've also cause theclog.
1)To what degree must the landlord ''prove'' my actions are the sole cause of this problem before he can rightfully attempt to collect money from me on this? Can he lawfully evict me if he cannot prove his case?
2)The landlored says that our using personal wipes, flushable or not, makes us liable because we were'put on notice'' when he asked us not to flush anything but toilet paper. Do we have a leg to stand on after we admitted to using wipes, even though ours were flushable?
1 Answer from Attorneys
Re: Tenant damages and repairs:what's reasonable and fair?
Technically, you are in breach of the lease by flushing other items besides toilet paper, but it is doubtful that you would normally be evicted for that without damages.
In order to evict you, your landlord must notify you that you are in breach and that you need to be out by a certain date. Then, if you do not leave by that date, your landlord may file a dispossessory (eviction). You would have a chance to answer and attend a short trial where the magistrate judge would decide who wins, etc.
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
www.macgregorlyon.com
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