Legal Question in Real Estate Law in Georgia

Leaky roof

The roof has been leaking in the Apt, since Dec 01 and it is now May 02, the landlord has bee advised several times each month about the leak, he finally said it was fixed in Feb 02, and came into the Apt in late march to repair the cosmetic work that the leak has caused, since then the leak is still present, this has been an ongoing issue that does not seem to being resolved. This also effects two other residents, what are our options, can we withhold the rent until the leak is fixed? The leak is in the bedrooms of all three Apartments, making using that room almost impossible. What are arre options on getting this corrected.


Asked on 5/04/02, 11:12 am

1 Answer from Attorneys
K. Desiree Novajosky Novajosky & Associates

Re: Leaky roof

<<<<< This also effects two other residents, what are our options, can we withhold the rent until the leak is fixed?>>>>>

As a tenant you have a few options. You may not withhold rent for repairs. However, you can repair the unit and deduct it from the next month's rent but you must notify the landlord that you are going to do this. You also have a suit for damages. In addition, you may move out and then sue if the place is inhabitable if the leak and damages amount to a constructive eviction.

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Answered on 5/07/02, 9:49 am


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