Legal Question in Real Estate Law in Georgia

Does neglect to repair void a lease?

I have rented a home for 6 months. 4 of those months i have notified the owner that the plumbing backs up with every use of the toilet, sinks, showers ect and come out of the toilet. It was also an electrical fire and most of the outlets dont work in the hose and because of these things, I have asked to be released from the lease. he said that he will have me to pay 3000.00 to have an early release. my question is doesnt his lack of response to the needs of the repair of the house and the unsanitary conditions that he has allowed to remain without repair void the lease so therefore i should not have to pay to move? he has repaired the electrical just 2 days ago when i told him that I want to move but the plumbing is still the same, yet he still got his rent on time every month that the house wa unsafe and unsanitary.Can he make me pay for an early release from the terms of the lease which was a year?


Asked on 9/11/05, 1:11 am

1 Answer from Attorneys

Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

Re: Does neglect to repair void a lease?

Generally, a landlord is in breach of the lease if he/she fails to make repairs of which he has notice within a reasonable time. So, if your landlord failed to make repairs, you may terminate the lease. However, the landlord's breach will not preclude the landlord form subsequently going after you for the early termination fee.

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

[email protected]

www.macgregorlyon.com

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Answered on 9/12/05, 12:42 pm


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