Legal Question in Landlord & Tenant Law in Georgia

I moved into an apartment complex june 30th the air is not working the ceiling in the laundry area is leaking and i have been calling and making visits to the office since i moved in but no one has come to try to fix anything what can i do


Asked on 7/08/11, 12:43 pm

1 Answer from Attorneys

Phillip M. Cook Cook Legal Services, LLC

If I were in your shoes, I would consider doing the following:

Stop calling and making visits. Instead, write a letter and send it via certified mail or via overnight delivery (so you can prove that the letter was received). State your complaints in a firm, but polite way and be sure to say that the lack of a/c and leaking ceiling is a "breach of your lease agreement." In the letter, give the landlord a reasonable period of time to fix the problems (1 week for the a/c, 2 weeks for the leaking ceiling) and state that you will be forced to take legal action if the problems are not taken care of within this period of time.

If your problems are not fixed within that period of time, send another letter stating (i) that this is your second letter, (ii) that you have made multiple complaints via telephone and in person, and (iii) that the landlord now has 48 hours to fix the problems or your will file a lawsuit to obtain a court order forcing the landlord to fix the problems or to give you the money so that you can pay an independent contractor to come in and fix the problems. If the landlord fails to fix the problem within 48 hours, your only remedy is to file a lawsuit for breach of contract in the county in which you reside.

Of course, your chances of success are GREATLY improved if you have a lawyer write the letters for you, file the law suit (if necessary), and represent you in court (if necessary).

DO NOT UNDER ANY CIRCUMSTANCE WITHHOLD RENT. If you withhold rent, you will be in breach of your lease agreement and the landlord will have cause to evict you and/or counter sue you in court.

Best of luck.******The above is for informational purposes only and does not create an attorney-client privilege.******

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Answered on 7/08/11, 9:14 pm


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