Legal Question in Landlord & Tenant Law in Georgia

I recently moved into a new apartment.Only after signing the lease was I actually allowed to see the apartment I would be occupying.Besides the carpet still being wet from cleaning, everything looked fine on the surface .However, I started to notice how poorly cleaned the apartment was, including bugs in the refrigerator.Some of the walls appeared damaged and the carpet was still noticeably dirty when it finally dried completely.Also, there were both spiders and spider webs everywhere; I eventually found one in my hair and decided I couldn�t live there after a week.I have moved out but the property owners are of course saying I owe all this money for breaking my lease. I was planning ontaking them to small claims court to try to get out of the break lease payment and to possibly sue for my expenses, including move-in fees. I am wondering if I possibly have any hopes of being successful?


Asked on 7/20/12, 12:46 pm

1 Answer from Attorneys

Scott Riddle Law Office of Scott B. Riddle, LLC

No one here has seen the paperwork, so you won't get a firm answer. However, if we assume you signed the standard forms, you probably have little to no chance of winning, and it is much more likely you walk out with a judgment against you. In addition, even if you are not sued apartments generally report these matters to credit bureaus and collection agencies, so that could be significant indirect costs for years to come. What was the solution? Pay someone $40-50 to thoroughly clean the unit and argue over the $50. Did you discuss with the manager and request a cleaning? If so, you left out that part of the story. You say you were only allowed to see the unit after you signed the lease. That was your choice to sign the lease without seeing it (it may have also been a red flag you should not have ignored). Finally, apartment managers (and probably small claims judges, and lawyers here) are used to hearing made up reasons after the tenant breaches the lease. That is not to say you are making this up, but "it was dirty" is not likely going to get you very far. Finally, even if you get to court do you have proof of the condition, AND their refusal to fix it (again, getting past the fact that it was a $40-50 issue)?

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Answered on 7/20/12, 12:59 pm


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