Legal Question in Landlord & Tenant Law in Georgia

Dispute over Early Termination Fees

I moved into my new apartment at the end of August and during this time, I have filed numerous complaints to the management concerning my neighbor's constant playing of his stereo at ALL times of the day and night. Considering that I can't even get a good night's sleep to be productive at work, I have decided to early terminate my lease. However, due to the complaints and police calls against my neighbor and management's failure to even place a notice on his door, I would rather take the matter over early termination fees to court than give them money outright. I want to open an escrow account as soon as possible and place the money, including the last month's rent, in there so they can't dispute that I haven't paid them. I put in a 60 day notice. How do go about filing this with the courts?


Asked on 12/05/05, 11:26 am

2 Answers from Attorneys
Wayne Wisong Wayne Wisong, Attorney at Law

Re: Dispute over Early Termination Fees

In order so they can't dispute that you haven't paid them? A cancelled check will do that. You have not provided any details on your landlord's response to this, but how can you be sure that he/she/they/it have not sent letters or warnings to the other tenant? Just on the face of this, I have serious doubts you are handling this matter correctly. The landlord is not obligated to guarantee you the good behavior of other tenants. And I'm not sure what it is you think you can take the landlord to court for. I think you should re-post this question with much more in the way of facts, including what the police have done about the noisy neighbor, and whether or why not you have made no effort to ask the neighbor to tone it down. I think you are likely to find out the hard way that the landlord is entitled to his rent, and may well get the early termination fees from you as well. Just from what little you have said, I don't clearly see what you can expect to sue the landlord for.

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Answered on 12/05/05, 11:53 am
Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

Re: Dispute over Early Termination Fees

I am a little unclear about what you are doing with regard to your apartment, but I can tell you that if you are living there (even with noisy neighbors), you need to pay rent as dictated by the terms of the lease. I.e., you can�t put your rent into an escrow account unless the lease allows you to.

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 12/05/05, 11:55 am


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