Legal Question in Real Estate Law in Georgia

Re: Can I break my lease under these conditions?

I almost always side with the Landlord (LL) because generally the LL and not the Tenant (T) is in the right (on at least Qs I get on the internet). However, while I dont have a Georgia case directly on point, I think you are in good territory to argue for a breach of the lease BY THE LANDLORD. One of the duties the LL owes a T who rents a Condo, is to comply with Assocations Rules and Regs. This LL is not doing that -- thus, the breach of the Lease by the LL. In a seminar I put on a few years ago, I wrote the following Q and A.

"Does the landlord need to keep the house or apartment in compliance with City and County ordinances, even though the tenant is in possession of the unit?

Yes. While it seems to make common sense, a fairly new line of cases requires Georgia landlords to stay in compliance with local and county ordinances. tenants cannot counterclaim for this violation as the frequently do, because it is a violation to be enforced by the authority. However, it may provide the underpinning for a "constructive eviction" argument."

However, I dont have a citation to the case. Good Luck. HCW