Okay, we have to discuss the ADA and the rent issue separately, because they are indeed separate.
Let us start with the rent issue first. Then, we can discuss ADA.Rent
If your lease has run out, then you are on a month to month tenancy by default. This means with 30 days notice, the landlord can terminate the tenancy, or, increase rent. If so, the landlord has the right to increase your rent with 30 days' notice. Of course you do not have to agree, but, you would then have to move out by the end of the 30 days notice.
Their bill - the $1080, likely reflects what they have calculated to be past due amount
per any raised rent. They will likely claim that they SENT you that notice, and you received it, but did not comply, and continued to pay whatever you were paying previously, which they took - but simply attached the non-paid portion on to the next month's rent, and so on.
THEIR ARGUMENT: We gave him notice, he continued to pay less rent, he owes back rent. He either pays or leaves.
COUNTER-ARGUMENT: I never received/there was never a notice of increase. Our month to month has been t $____ for "x" months now. Their claim of me owing $1080 is simply a way to get me to gain leverage on me and get me to quicker once I began noticing ADA noncompliance.
Who decides who is right above? The Court. They will eventually file an eviction
, and if so, then the Court may demand proof of their notices to raised rent. Without them, the eviction may fail. However, the landlord still has the right to terminate a month to month lease in 30 days, regardless of reason.ADA
The property has to be in compliance with Georgia Accessibility Code and the ADA. Simply put, newly constructed multifamily dwellings with four or more units must provide basic accessibility to persons with disabilities if the buildings were ready for first occupancy after March 13, 1991. Basic accessibility requires that the apartment
• One entrance to the building on an accessible route;
• Accessibility to public areas such as a lobby or swimming pool;
• A door wide enough to accommodate persons in wheelchairs;
• Accessibility to each unit (unless there is no elevator
, in which case
only all ground floor units must be accessible);
• Sufficient reinforcement in bathroom walls to allow a tenant to install
grab bars where needed;
• Light switches and other controls located low enough for use by a
person in a wheelchair; and
• Kitchens and bathrooms designed so that a wheelchair user can
maneuver within the space. *
*State of Georgia Department of Community Affairs pamphlet.
IF THIS IS NOT IN COMPLIANCE, one can file a complaint federally here
, and for state, see here
This may be a case indeed, however, it may actually continue long after the tenancy itself is over.
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