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Can our landlords rent out the house we're living in once we move out? |
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GeOrGiA PeAcH | Terrible landlord. I am moving and want out of my lease. Afraid of eviction? |
I live in Georgia. I am pretty well versed on eviction in Georgia. I am moving to Alabama. My lease is not up till next July and I am not willing to wait. I live in a badly run complex and my apartment is awful. I have been a tenant for almost three years.
During that time the management has been unwilling to help with anything. I needed a new stove and fridge. I had to beg for six months to get ones that worked. When they did me "new" ones they were infested with roaches and the roaches have overtook my house. I have tried everything. I have begged the landlord, I have bombed, and they did nothing to help me. They said they sent people to spray but I know that never happened. My apartment is disgusting with these roaches. I am a very clean person, its not food being left out. They have just over taken my house and I can't live there. They won't move me.
I have mold in the bathroom they have failed to fix over the last two years. When I moved in they had just painted over it. Now it’s a problem but they won’t fix it.
I have been a good tenant. No complaints. I was never late till this summer and then I had a rough spot where my car broke down. They charged me over $300 in fees and threaten to evict me. I even gave them another permanent tenant who has lived there for three years.
Now I am moving. For personal reasons, but that apartment is unhealthy and nasty and I can't live in it. I know the landlord and how she is. She is going to want to evict me and get a judgment against me to pay the last two weeks rent.
Here is what I want to do:
Call the code inspector for my county and let them fine my complex for all the things wrong in my unit, I know it will be in the thousands.
Write a letter to the judge and say what the conditions were and ask for several months of my rent back.
File a complaint with the BBB.
Are these grounds for leaving an apartment? If I take that to the landlord and tell her this, if she would let me out of my lease and call it even I would walk away and save her a lot of trouble. Am I just in doing this?
Additional Details To be honest I thought they would help me. My rent is really cheap and close to my job and I was settled. I did not want to move. So I signed another year lease. Really all in all I am a laid back quiet person. I don't complain. I get walked on. Now I am stuck. I know they will want to screw me. I need to screw back this time. Its not fair. Packing up my stuff, its all filled with roaches and I am having to throw everything away. Its not fair. |
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reenzz
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"Call the code inspector for my county and let them fine my complex for all the things wrong in my unit, I know it will be in the thousands".
Wrong...they will not fine him unless they find a problems and he fails to fix it
"Write a letter to the judge and say what the conditions were and ask for several months of my rent back".
Not going to happen. Judges don't accept these types of letters. Also you will never get "several months" rent back. You stay....you pay. No one forced you to live there.
"File a complaint with the BBB".
Means nothing
"Are these grounds for leaving an apartment"?
No...they are not grounds to break your lease. Problems with the apartment must be address in writing. If problems are not addressed, you have the option to sue the landlord or call your building department...you can't just walk away from the lease. Only a judge can determine if your lease is breakable. |
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Michael B
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Luckily you have more rights than your landlord, the only problem is that you have lived there for 3 years, why didn't you move when your lease was up. This is the same thing you will asked in court if it gets to that point. Most landlords understand people move, I would first try to take the kind approach and let your landlord know that you are leaving, you might have to pay one extra months rent, but once he has been able to rerent your apartment most landlords won't make a federal case out of it. |
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RM
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I have no idea why you stayed with roaches and mold for two years. I would've taken pictures of the problems and went straight to file a complaint with the local authorities. They may wonder why you lived there for so long with such bad problems.
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Obamas Shoes
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Infestation by vermin or mold is grounds to termintate a lease if you have notified the landlord. A code enforcer would help you in a court case against your landlord and you could in fact sue him for part of your moving expenses, but you cannot get rent back if you still lived there. The most you can do is move to a hotel and charge the landlord, but you would have to win a court case to get that money.
The $300 in fees were probably illegal even if they are in your lease. Usually this is the 5% late fee plus $10 for each addititional day late. The $10/day for each day late is illegal in most states as far as I know. The 5% late fee is legal.
You should just move ASAP and write off suing for now. They will not be able to sue you easily if you move out of the county you are living in now. If they do sue, get a lawyer-- check with Social services for getting free legal aid. It will not be worth your landlord trying to sue you unless you owe them more than $1000. Be sure to give them notice in writing that you are quitting the apt due to infestation after it has been inspected by the Health Dept. If you do not have a thrid party inspect your apt., your landlord can come back and try to sue you for the remainder of your lease and you would have to counter-sue.
Take pictures of everything!
I'm a landlord |
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wannaknow
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That might not work out in your favor. What you may want to do is review your lease. If your landlord was supposed to supply working appliances and she did not, then she is in breach of the lease and you are not obligated to pay rent until the terms of the lease are satisfied. Also, if the place is unsanitary due to situations out of your control, then you are not obligated to stay there and they cannot get a judgement against you. The key is documentation. You must document these issues and file them in court. When you move out and refuse to pay, they will have to notify you that a judgement is being filed. (Make sure you leave a forwarding address). If they do file a judgement, make sure you show up for the hearing. Most people have judments ruled against them simply because they did not show up. Show up and present your evidence (be sure to take pictures too!). Then move on without worry. |
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One Step Ahead
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1 DON'T SAY IT WRITE IT!
Send a certificated letter to the person that you pay your rent to and the owner of the property. State in the letter that you have been under stress with the unhealthy living conditions. List the things that you are not satisfied with in the unit. Let them know if the problems are not resolved within the next thirty days you will contact the professional to correct the unhealthy conditions, and that amount will be deducted from your rent.
Take pictures to back up what you are saying to be true in the letter.
Contact the health department and the Fair Housing Department in your area.
Contact the chamber of commerce and ask them if there is a member that is in the extermination bug business. This would be an excellent resource to have the work done in your unit. |
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estielmo
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You ASSUME the county will automatically side with you. It's not necessaarily so. Using the county as a weapon doesn't always work. And it is not quick. It could take many months, even if you are successful with this strategy.
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gafpromise
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I believe you have grounds to break your lease. Everything should be documented, every communication you have had with them. Write it all down and keep copies. Take photos. Definitely get an inspector in and their report will be written proof as well. Write a final demand letter stating that you will be breaking your lease, then let them take you to court. But here are the two caveats:
You have to be able to prove everything that you claim, to the judge's satisfaction, to get out of this cleanly.
The judge will want to know why you have put up with it for so long and why you signed a renewal. Since you never moved out before this, but continued to live there, you will probably not be able to get back any rent that you paid while you were living there.
I can understand not wanting to complain, but you should never put up with such conditions. You have rights as a tenant and there are remedies you can seek under the law. The law is there for your protection. Sometimes it takes a judge to get someone to do the right thing. |
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chatsplas
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Sounds like you're looking for EXCUSES to justify your actions. If it's so terrible, why have you been there 3 years and why did you renew lease this time???? No one made you do that, but you did it, and now you have other plans and are looking for excuses.
You signed a lease and it is a legally binding document. Your plans are going to make a big uproar, but not necessarily get you off the hook. As a LL, I don't like blackmail (which you are proposing), particularly from tenants who pay late and complain all the time. LL can sue you for full term of lease, for all penalties and fees set out in lease, and ancillary damages.
In court, you have only a 50/50 chance of prevailing. No guarantees of the inspectors or whoever coming out. Most roach problems are tenant generated--if not you, then your neighbors--not a LL fault. If LL can show they have exterminator service, you don't have leg to stand on.
FYI to One Step Ahead: it's certified not certificated |
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David Z
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Just walk away. It is hard to imagine she will pursue 2 weeks rent. How much in legal fees is she willing to pursue to get you to pay 2 weeks rent?
Write her a letter indicating you are moving out because of what you described above and she is in violation of your lease agreement.
Take pictures of all the problems. Write the letters you mentioned and file the complaints you described. It cannot hurt. |
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Charlotte G
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The cockroaches alone is grounds to leave. I would write a letter to the judge first, then call the health inspector. Then file a complaint.
I would NOT take that. Make sure you have all of your receipts for rent you have paid! |
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lksproodle51
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I'm not sure of the laws in your area but I believe if you break a lease you must pay the rest of the lease to the end- if you break it in January you will have 5 months left on the lease that she could technically sue you for. Report them to the health department.And why worry about being evicted? either way she can sue you for the balance of your lease but at least you will be out of there the court system would want to know why you stayed for 3 years if it was that bad.Asking for back rent isn't going to happen.At this point it is --do you have the money and the time to tackle the whole mess? |
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Sandy
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You definitely have legal grounds for breaking your lease. But I would NOT let them off the hook. Mold and roaches are an extreme health hazard and no one should have to live with that. I would follow thorugh with your plan of calling in the violations. |
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Michelle C
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well here is the deal. it pretty simple really. Just do not pay the fine and move. If you don' tell them your new address they can't get you summoned to court. Plus if they have been bad lardlords they don't even want to go to court, they will only say that. But its about 100 dollars anyways to have someone summoned to court, they don't want to pay this and might lose. The only thing that may happen is they will report you to the credit bureau if they have your ss number. All you have to do is call they credit bureau and explain how you had a very bad lardlord and they will take if off your credit. This is something that is prretty easy and no one knows this. My mom worked at a credit bureau and she said anyone can call up there and as long as they don;t have tons of issues they can explain something and they will take it off your record |
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