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Gerald-Esquire
Gerald-Esquire, Other
Category: Landlord-Tenant
Satisfied Customers: 3585
Experience:  30 Years of experience.
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Found out there is mold in my apartment - was remodelled but

Customer Question

Found out there is mold in my apartment - was remodelled but mold wasnt fixed ? Know peevious tenant who moved out for same reason
Submitted: 7 months ago.
Category: Landlord-Tenant
Expert:  Gerald-Esquire replied 7 months ago.

Hello,
Thank you for using Just Answer. Please bear with me as I verify somethings for you. I will respond fully shortly. Thank you for your patience

Customer: replied 7 months ago.
Ty
Expert:  Gerald-Esquire replied 7 months ago.

Hello,

Thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

You are entitled to a unit that is fit to live in. It is called the "implied warranty of habitability." Under Georgia Law you are entitled to two remedies for a unit that is unfit:

1) You can with hold the rent because the Mold make the unit unfit to live in.

2) YOu can hire someone to repair the Mold and deduct the costs of the repair from your rent.

In either of the above you must notify the Landlord in writing that you intend to exercise one of the remdies listed and provide the landlord an opportunity to make the repair.

Your other alternative is to break the lease because the unit is unfit to live in. Here again yu must provide written notice to the landlord.

In addition, since th landlord was aware of the mold and did not inform you or repair it, you may be abe to sue the landlord for your costs of moving because of their non-disclosure of the problem. This last remedy is not certain under the law because the legislature has not yet passed a specific mold disclosure law. But the landlord may still be liable under general disclosure obligations.

These links discuss these issues in greater detail:

http://www.nolo.com/legal-encyclopedia/georgia-rules-regarding-mold-rental-properties.html

https://dph.georgia.gov/indoor-air-quality

I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow up questions, feel free to ask. Please note that I am generally unavailable Friday evening through Sunday.

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Good luck,

Please note: Information given is not legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Expert:  Gerald-Esquire replied 7 months ago.

Also, any law suit that you might bring would be in Georgia Small Claims Court. You do not need an attorney in Small CLaims Cout. The clerk of the court will have the forms that you need.

Kind regards,

Gerald

Expert:  Gerald-Esquire replied 7 months ago.

This guide may be helpful to you too:

http://www.dca.state.ga.us/housing/housingdevelopment/programs/LandlordTenantHandbook.asp

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