Legal Question in Real Estate Law in Georgia

Constructive Eviction and other rights

My apartment has flooded 7 times; 3 of which were very damaging. My insurance company is suing the ownership of complex due to their admitted negligence for the one and only claim I have filed. I feel this apartment is now an unsafe place to live. My son has allergies to the mold/mildew that is evidenced by the musty smell and it is always treated as if it is no big deal. The complex usually takes many weeks or more to do the repairs. My alarm system's panic buttons had to be diconnected in order to avoid further malfunction due to the continual water problems (the alarm and monitoring are part of the rent of $870 per month). What are my rights and what can I force the complex ownership to do if anything. I believe I want to move out...what do they have to do? I feel it is unsafe and unhealthy for my family. What rights do I have as a tenant who has put up with this for almost 3 years?


Asked on 12/26/01, 6:42 pm

1 Answer from Attorneys
Hugh Wood Wood & Meredith

Re: Constructive Eviction and other rights

You have very few rights as a tenant in Georgia. See the minimums at OCGA Sec. 44-7-50 et seq. The facts you stated may give rise to constructive eviction, but it is always a fact based issue. I think I would start looking for a new place as soon as possible. Hugh Wood

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Answered on 12/27/01, 12:22 am


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