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Ely
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 101939
Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
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If I am a paraplegic and my lease where I have been living

Customer Question

If I am a paraplegic and my lease where I have been living for two years ended 5/28/15 an I didn't get the notice in writting that the rent was going up. I called and spoke with the manager and he asked me "what are we going to do this year Mr. Green?" An I said the same as last year instead of going up $25.00 why don't I meet you half way as we did last year? I ended up having to contact the "property manager" who informed me there was nothing she would do about the increase as well as the "ramp" that is not "ADA Up To Code" or had been approved by the city or checked.
I paid my rent at the same rate for June because I got the bill that what it was 13 days later the manager came with another notice that I owed $301. Then at the end of June he came with another notice of me "owing" $1,080.00. I didn't think that was fair. So yesterday he came in the morning for the first time with my new "lease" however I asked that those "fee's" be waived he said they would but I asked then could he put that in writing so I would "not be sighing that I owe upwards of over $1,000. He said to take his "word" he has "lied" to many time for me to just take his word. so I asked for him to give me time. I called the City code enforcement department and he said "they never filed for a permit" for the "ADA not regulated ramp" I have been damaging my body with each time I come in and at risk coming down. The "property manager" said that if I want it changed "pay for myself with their approval" so yesterday about 4:48pm the manager Mr. Holmes and the maintenance man Mr. Carsell came as his witness he said as he threatened me and yelled and said "Mr. Green if you don't sign right now today our relationship is through!" then they left. 10 Min. later he came with a letter for me to "vacate the premisses by the 31st of July"
Don't I have any say concerning them asking me to vacate because i called to get help so my body can stop being "further Injured Then It Is?" and the fact I have "no where at this time to move and 30 days is not "enough" I think they are trying to "avoid" the bigger issue which is the "ramp!" Can your attorney's help? I have dealt with so much living here and have gone to court on their behalf to have a "disturbing neighbor" evicted only to find out they gave her an additional month and a half and here am I in a "Wheelchair" and they want me out by the end of the month.
This is not right somehow. Are there any legal rights I have?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Ely replied 1 year ago.
Hello and welcome to JustAnswer. Please note: (A) This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms; and (B) the site allows experts not participate in phone calls and I may or may not be able to participate in this feature.
I am sorry to hear about this situation. There are two things here, and I need to know if you want to focus on just one, or both.
1) The ADA issue. Do you think they are not being ADA compliant?
2) The rent issue. Does your written lease - the one that is up or is about to be up - have an auto-renewal clause? And, what is the $1,080 for? Late fees? Or what exactly?
This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 1 year ago.

Both, I know the ramp is "not" in compliance and I found out they "never" got a city permit so the "codes" could not be enforced which I know each day has cause me body and emotional damages.

The other is in my lease it says that it goes to a "month to month" It says: "During any month-to-month tenancy, any and all components of Rent may increased by Lessor at any time and from time to time upon 30 days prior written notice to residence." and more.

I do know that doesn't the law state that "if they except my rent which they did at the same rate I've been paying and doesn't say nothing then isn't that a "Tenant -At-Will" agreement? I was only given the lease yesterday July1st and pressed me to sign an I just didn't "trust him" that those fee's that he said would be dropped."

After the code enforcement person contacted him I think that made him and the company mad!

Expert:  Ely replied 1 year ago.
Thank you.
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 complex have:
• 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.
I hope this helps and clarifies. Gentle Reminder: Use the SEND or REPLY button to keep chatting, or please rate when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of the top three faces/stars and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.
Customer: replied 1 year ago.
Relist: Other.
Been waiting for a while don't know what my account is to cancel and not happy at this time with this service!

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