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I live in Brookhaven, GA and want to break my lease after a…

Customer Question
I live in Brookhaven...

I live in Brookhaven, GA and want to break my lease after a 6 month contract due to rent increase and anonymous fees. I live at Sanctuary at Oglethorpe and management wants me to pay $8,000 to leave. My monthly rent is $1,900.

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

Georgia

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

The lease states that I could be liable to pay the remainder of the term but management told me that I need to bring in a notice 60days in advance along with two months worth of rent and continue to pay another two months while I remain there. So what they are telling me and what my lease says are two different things

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

They claim to have a safe living environment that is clean but there is dog poop all over the complex, a child was ran over because kids are continually running through the complex even when they see a car, people allow their children and pets to play on the tennis court, the gates are constantly broken and wide open and a building in the complex burned down last summer and no fire alarms or sprinklers went off and management gave no reason to the cause of fire

Submitted: 2 months ago.Category: Landlord-Tenant
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Answered in 3 minutes by:
5/30/2018
Lawyer: Law Educator, Esq., Attorney replied 2 months ago
Law Educator, Esq.
Category: Landlord-Tenant
Satisfied Customers: 126,865
Experience: Attorney with over 24 years experience.
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

What is your question for us about this?

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Customer reply replied 2 months ago
If there is any possible way to break my lease agreement without paying $8,000 to fully get out of it.
Customer reply replied 2 months ago
The complex that I live in, Sanctuary at Oglethorpe in Brookhaven, Ga does not provide a clean or safe living environment as I explained previously in the conversation.
Lawyer: Law Educator, Esq., Attorney replied 2 months ago

Thank you for your reply.

In order to get out of your lease without paying the penalties for breach, the other party has to agree to let you out in writing OR you have to prove that the landlord has breached the lease.

If you can prove your premises has broken smoke and fire alarms and if you can prove your premises itself is hazardous or in need of repair and the landlord will not make repairs, then that is sufficient to terminate the lease for breach of the warranty of habitability. Also, the fact the landlord has undertaken any security measures, if they have done so negligently, that would also be a breach of the lease.

So if you can prove the breach of the lease, that is the only way out of the lease without paying what the lease states you would have to pay for the early termination.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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