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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 34255
Experience:  Attorney over 16 years, landlord 26 years
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What is my course of action I have recently moved into an apartment

Customer Question

What is my course of action I have recently moved into an apartment (June 27, 2015)and it is infested with roaches. The manager of the apartment says they have never had a roach problem. However, my original move in date was June 20, 2016. I received a call from leasing office, that they needed to push my move in day back one week. Because, the previous tenant left items in the space.
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 1 year ago.
Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.
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Can you tell me what state this is in?
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How soon after moving in did you notify them of the roach problem?
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thanks
Barrister
Customer: replied 1 year ago.
State of GA. I told them about thirty minutes into moving in.
Expert:  barristerinky replied 1 year ago.
Ok, then the landlord is in breach of the warranty of habitability by renting a dwelling that is infested with roaches. With that said, you would have the right to terminate the lease immediately and also receive a refund of any rent paid as well as your deposit. If the landlord refused to refund your money, you can sue them in small claims court under a breach of contract claim.
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I would suggest thoroughly documenting the conditions with lots of pictures if you haven't already done so. This will prove your claims if it gets to the point where you have to sue the landlord for any refund.
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Georgia courts also recognize a tenant's right to "Repair and deduct" where the tenant is able to pay for repairs (i.e. exterminator) and then deduct it from the rent if the landlord is not taking action to cure this type of problem.
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So you have the option of terminating the lease and moving elsewhere and then suing the landlord for a refund of all your money and for any moving costs or you can pay for an exterminator and withhold that from the rent as long as you provide the landlord with a copy of the invoice for the exterminator.
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thanks
Barrister

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