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I am currently on a month to month lease with my landlord. In May informed my landlord that there were large amounts of water and moisture collecting in the apt. After it would rain the floor carpet would be soaking wet. I went away for work in May for about two weeks. Upon my return there was mold and mildew all over the apt which had set in my furniture and clothes that was in the apt. I talked with the landlord and he agreed to fix the problem. The problem was never fixed. I informed him that I would be leaving for the month of July and not need the apartment; He informed me that would give him ample time to do some repairs and fix the issue with the water and the moisture in the apt. The landlord agreed that he would have all the issues repaired and that I could move back into the apt when I returned. I informed him that I would be back at the beginning of August and would resume residing in apt. I returned in the beginning of August and the furniture that I left in the apt was damaged with paint, saw dust (and mildew) where the landlord had been sanding and painting the apt. There were paint brushes, power tools and other items all over the apartment. The apt is not well ventilated and the windows will not open which resulted in a dust lingering in the apt from the result of his work. I took several pictures of the damage to the furniture from the splattered paint, dust particles and mildew in the apt. The apt was unlivable and I did not return to the apt and attempt to call my landlord several times to discuss the issue. Once getting in contact with the landlord, I informed him that I would not return to the apt because of the conditions and it was unlivable. He agreed and informed me that he would have the repairs done by the first week of September. I told him that if the repairs were done and the conditions were livable I would like to return to the apt until the beginning of October. He is demanding rent for July and August. I have not been in the apt since the 1st of July. I don’t think that I am responsible for the rent for those months when I didn’t reside in the apt nor was the apt livable at all. I also think that he is liable for the damage to my furniture because he took no precautions to protect it.
State/Country relating to Question: Georgia Already Tried: I tried talking with the landlord and also took pictures of the damage to my property
HelloCustomerUnder Georgia landlord tenant laws, unless you have proof that you sent your landlord 30 days notice in writing that you were terminating the agreement and returned possession by returning the keys and removing your personal belongings, you were still a tenant and owe rent. You could have also given your landlord written notice that you were immediately vacating the apartment because it was uninhabitable due to the water leaks and the mold. Again, you would have then returned the keys and removed your personal belongings. In this case though, I believe that you have a good argument for reduction of rent based on the fact that the apartment of uninhabitable, should the landlord sue you for the back rent. Even though none of your discussions about the conditions were in writing, you could still present testimony at a hearing about what happened. If the judge believes the facts you provide, then he or she is likely to rule in your favor and deduct rent for those months.You can also counterclaim for the damage to your personal belongings.
Attorney
Licensed Atty, 25 yrs exp in the practice of law.