Legal Question in Real Estate Law in Georgia
evictions
My husband and I had moved to Atlanta, Georgia and rented a two bedroom townhome. I was pregnant at the time with my first child on the way. Our lease was for six months, on the fourth month I saw rats in the townhome and reported it to the main office, they came and set traps but never came back to get them. on the fifth month one day i came down the stairs and there were flys everywhere. So I stayed up killing flys. When myhusband came down the stairs he began to move the appliances to see where the flys came from. when we moved the stove there was a mouse trap that had dead mice or rats on it. we called the management again and they said because it was a holliday there was nothing they could do and that their maintenence wouldnt be there for the hollidays. so as a health risk to me and my unborn child i got my things and left. theye never helped me with the rats and now i have an eviction on my record. i need help because this is hindering me from getting an apartment now for my family.
2 Answers from Attorneys
Re: evictions
You handled it in the worst possible way, and the result is what is expected. Now it will be very difficult, if not impossible to get a favorable result. Most people who break a lease want to go back and come up with issues like yours to justify what they did so even if you story is true, it is usually disregarded. After giving the landlord notice of the problem, you likely had the opportunity to call an exerminator yourself and deduct from the rent. Certainly, one of you could have taken a minute to check the traps on occasion, especially if health was a concern. Even if you felt you had to move, it was your responsibility to resolve the issue with the landlord ASAP -- not just take off and do nothing. It is relevant information for future landlords, since they might also be in the same spot with you. Your best option is likely to contact the old landlord and resolve the issue with them (i.e., pay damages), with an agreement to take it off your credit report.
Re: evictions
First, there is nothing an attorney in California can do to assist or advise you on this matter - as it occured in Georgia, you need to consult with an attorney in Georgia. To a degree, I have to agree with Attorney Riddle - you did not handle this properly, and unfortunately, only in very limited circumstances does the law allow you to go back and relitigate an issue you could have fought at the appropriate time (when the lawsuit was filed). I would write a statement that explains what happened, and you can submit a comment on derogatory remarks on your credit report to the reporting agencies. Go to their websites for information on how to do that. Irrespective, in this time of uncertainty, getting an apartment with an eviction is going to be hard, and you may be stuck going through private parties on craigslist or other peer-to-peer rental arrangements.
*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
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