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R Question:edit text My house rental property management…

R Question:edit text My house...

R Question:edit text
My house rental property management refuse to fix my hvac unit. My 5 year son and I have been living in this home qithout heat for one month and a half. They are refusing to fix since Ive decided not to renew my lease. I didnt pay marchs rent due to buying portable heaters for the home. It took them 3 weeks to send someone to asses the issue. Once the vendor told them what the issue is which was replacing the entire system indoor and out door. They sent 2 more vendors out to see if they can come up with something different. I want to sue for pain and suffering. Do I have a case

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

GA

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

12 months lease. They are require to fix all major problems report in 3 days

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

November I was promoted to Cardiovascular Intensive care unit. I'm a nurse. This position would have increase my salary drastically. I had to step down because of allowing the stress of my son and I living in a home without heat for 2 months. I couldnt safely take care of my critically ill patients and learn what I needed to be sucessful in this position.

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Answered in 1 minute by:
3/15/2018
Loren
Loren, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 37,366
Experience: Attorney with 30 years of experience representing landlords and tenants.
Verified

Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.

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I am sorry to hear of your trouble with the landlord, but I have information which will be useful to you.

Every tenancy carries with it the implied warranty of habitability and the right to quiet enjoyment of the premises in exchange for the rent.

If the landlord is refusing to make necessary repairs and it is interfering with the use and habitability of the leased premises then you can sue for breach. In the course of the suit you may be able to leverage an early termination with the return of all deposits.

A riskier way is to move out now and declare the lease terminated due to "constructive eviction". In other words, the action or inaction of the landlord has made the premises unhabitable and you are forced to move out.

You still have to sue and the risk is that the court finds the premises WAS habitable and you end up being liable for breach.

Make sure you have photos and a written record of the damages and your request for repairs.

While pain and suffering are not awarded in these types of contract breach claims, you can be awarded all other actual damages, such as moving, storage, return of rent, etc.

If (and only if) you are completely satisfied that your question is answered, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.

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Customer reply replied 1 month ago
Ok

I am sorry to hear of your trouble with the landlord, but I have information which will be useful to you.

Every tenancy carries with it the implied warranty of habitability and the right to quiet enjoyment of the premises in exchange for the rent.

If the landlord is refusing to make necessary repairs and it is interfering with the use and habitability of the leased premises then you can sue for breach. In the course of the suit you may be able to leverage an early termination with the return of all deposits.

A riskier way is to move out now and declare the lease terminated due to "constructive eviction". In other words, the action or inaction of the landlord has made the premises unhabitable and you are forced to move out.

You still have to sue and the risk is that the court finds the premises WAS habitable and you end up being liable for breach.

Make sure you have photos and a written record of the damages and your request for repairs.

While "pain and suffering" are not available in these types of contract breach claims, you are entitled to be awarded all other actual damages stemming from landlord's breach, such as moving, storage, refund of rent paid, etc.

If (and only if) you are completely satisfied that your question is answered, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.

There is no additional charge to you for rating me favorably.

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Customer reply replied 1 month ago
Can I subpoena the vendors that they sent out to assess the problem, reason being the they went notified of what needed to be repaired but still refused to fix it.

Certainly, if you think they will be helpful to your claim.

Loren
Loren, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 37,366
Experience: Attorney with 30 years of experience representing landlords and tenants.
Verified
Loren and 87 other Landlord-Tenant Specialists are ready to help you
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Customer reply replied 1 month ago
Thank you. I'm located in Atlanta, GA. The temp here has been below the 40's. I've never experienced anything like this. So do I file in Civil court or wait until the eviction notice?
Customer reply replied 1 month ago
Which still hasn't come yet

File the claim for breach. If the claim does not exceed $15,000, you can sue in small claims court. Small claims court is designed to be a "user friendly", simplified process, so that you can present a claim without an attorney. Also, it moves much more quickly than regular court. You can get the necessary forms to start from the clerk of the court.

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Loren
Loren
Loren, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 37,366
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Experience: Attorney with 30 years of experience representing landlords and tenants.

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