Legal Question in Real Estate Law in Georgia

I have lived in a rental for 3 years with no lease. There have been various problems over the years with repairs, water leaks, flooding, etc but the landlord has always fixed them. August 21st the Central Air/Heat unit broke and will no longer turn on. I have been trying to no avail to reach the landlord to have him fix it or to give permission to a company to fix it (they wont repair without his permission) He will not return my calls. Yesterday, mail started arriving from lawyers regarding stopping foreclosure, addressed to my landlord. I did a search online and found out that the rental I live in is due to be auctioned off on the courthouse steps Oct 12th. What do I need to do here? Do I still have to pay rent to him even though the AC/HEAT is broken? Will I get evicted because of the forclosure?


Asked on 9/12/10, 2:37 pm

1 Answer from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

You could be evicted because of the foreclosure. Since the landlord hasn't fixed the AC and is obviously having financial problems, I don't see trying to compel a repair to be a good step.

Since you have no lease you are required to give 30 days notice to vacate, and that should be written. Because of the backdrop of the failure to repair, I'd suggest having a lawyer write and also claimn constructive eviction as a reason not to pay the final months rent. Miswording a letter might leave you with some rent liability.

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Answered on 9/17/10, 3:46 pm


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