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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 33702
Experience:  Attorney for over 15 years, landlord 26 years
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On July 31, I signed a lease home. Being that was only in

Customer Question

On July 31, I signed a lease for a home. Being that was only in town for that day to sign the lease and leave back to NY I was on communication with one of the said property managers. I will be given the information to turn on the power and water and gas. I explained I had to go back to ny and complete some things and will give notice when I have moved into the property. I also asked if the property was cleaned up and I was told that there has been someone name Renee doing the work to clean the property. I gave my deposit and rent and went back to ny to plan for the move. On the same day I called and started the set up process for the power to be turned on. When I planned to move into the property on 8/20 upon arrival there was still no power on the home was left unlocked and no work to clean the property was done. I contacted the one of the said property managers and she informed me to call the main property manager and ask about the property being she was told that the work were to be done and cleaned before I was to move into the house.  I was told by Mr. Oswaldo himself that in order to clean the property I were to turn on the power and water. The utilities was turned on and I informed him that I will give him until the end of that weekend to clean the property or I will have to take him to court. I was told certain things were  to be done to the property that day and nothing was done. (Majority of all things are documented through text and voice recording.) My fiance contacted him to ask for the cleaning and maintaince of the property to be done and it wasnt. Being the house was still not cleaned. I decided to contact the fire dept. Administration being there was no fire alarms or carbon detectors in the home. I also called the environmental code inspection unit and the housing dept to inform them of what is going on. On Friday my fiance and I went the house again and it was still not cleaned besides the outside debris was removed and some of the windows was cleaned of bugs but still full of dirt. My fiance text and called the property manager and finally spoke to him on Sunday asking for a refund being we are unable to live in the home. He was told he will get back to him during the week to let him know. Today august 31st the code inspector visited the home and also contacted the property manager and deemed the home unliviable as as he had to do things to get it up to code and he can not rent the home out to anyone. I then called him and asked for a refund of all money given and was told I had messed up and he will then see me in court. He told my fiance he was planning to give him a refund but being he can't put the house back on the market we will have to see him in court. I am now homeless staying with family with 3 kids and out 2500. If anyone can help please call me. All is recorded and saved
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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I am very sorry to hear that you are going through this situation due to the landlord's utter negligence in maintaining his property..

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With that said, if the landlord was unable to deliver a habitable property as required by law, then they are in breach of contract and you can sue them and hold them liable for any damages you incur due to that breach. So if you have to stay in a hotel or pay someone to stay with them, you can sue the landlord for those costs as well as a refund of your money that you paid.

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The limit in GA small claims court is $15,000 and you don't need an attorney. The clerk will have the summons and complaint forms you need to file to start the suit and they can also help with getting the landlord served by the sheriff.

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Then you appear on the court date a week or two later with your bills and receipts and just tell your story to the judge. Then he should rule in your favor and order the landlord to pay you whatever damages you have incurred.

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But there is legally no other way to force him to pay you back your money other than going through the courts.

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As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...

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thanks

Barrister

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