Legal Question in Real Estate Law in Georgia

Rental lease

My brother & our cousin rented a house together. Our cousin is now in jail and isn't getting out anytime soon. My brother cannot afford the rent so they gave 30 notice of breaking the lease. (The landlord is also the cousins lawyer).

Not only was the landlord fully aware that Chris would be going to jail, the house they were renting was in severe disrepair. Both Rodney and Chris attempted contact by telephone, email and their home and recieved No response until getting a letter stating that the landlord does not accept the move out letter and they must pay rent until the end of September. (So we are talking about 2 months rent & loss of deposit).

I think that they could bring up that the landlords did not fix anything and they refused to communicate except through a letter they recieved over 30 days after the move out notice.

Is there any wiggle room on this one? It's a shame that the landlord is my next door neighbor and a lawyer, and my brother is living with me for now. But if it is blood they are after.... we will have to fight back if you think it is worth it.


Asked on 7/31/08, 8:54 am

2 Answers from Attorneys
Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

Re: Rental lease

Failure of a landlord to make repairs and paying rent are two separate issues. Unless the repair failure is so bad that it makes the house unlivable, you have to pay rent. You might have a counterclaim for damages caused by the landlord�s failure to make required repairs, but it will not be a defense to the landlord�s claim of rent.

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.

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Answered on 7/31/08, 9:36 am
Scott Riddle Law Office of Scott B. Riddle, LLC

Re: Rental lease

In addition to the other response, landlords are used to tenants coming up with various issues (usually repairs) when they want to move out and not pay as required in the lease. It usually does not work. You do not state how the landlord communicating only by a letter is relevant to the lease issue.

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Answered on 7/31/08, 1:26 pm


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