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I am renting an apartment in Georgia. there was a leak form…

I am renting an apartment...
I am renting an apartment in Georgia. there was a leak form the upper apt and draped into my tub. the ceiling started peeling and black mold formed. I didn't bother because I didn't want people to enter my apt as I had valuables laying around. so I waited like 7 months, apt about the 8 month I decided to tell. them thinking I can get free rent I called and notified of the problem but the lady taking the notes didn't relay the message to their maintenance. she dropped the ball. but not they want me to believe it was my fault. do I have a case to at least get some kind of compensation from their mistake. I want to leave and they are going to charge me early termination etc etc. I have lived in that condition for a long time. even after they know it took a month for them to do anything. I think now they are fixing it.
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Answered in 2 hours by:
3/5/2018
Michael J., Esq.
Category: Legal
Satisfied Customers: 3,514
Experience: Licensed attorney; represented hundreds of clients in my private practice.
Verified

Hello and thank you for contacting JustAnswer. My name is Michael; I look forward to assisting you today.
By continuing, you acknowledge that I am not providing legal advice and can only comment on the law in general.

I'm a little confused about your question. What mistake was made? You said it leaked through your ceiling but you didn't tell them for 8 months. What type of compensation would you be looking for?

Thanks.

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Customer reply replied 1 month ago
Saying i eventually did but not initially

Can you answer my remaining questions?

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Customer reply replied 1 month ago
When i told them they forgot so i lived withthe condition of moldy wet ceiling . I am asking for one minth free rent close to $950.

Okay, so just to be clear: after 8 months, you told them, then they didn't fix it. How many months between when you told them and now?

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Customer reply replied 1 month ago
I am not sure because she didnt write it down, if i were to guess one month maybe. but they sent a repair person and he worked on it just today.
Customer reply replied 1 month ago
To add they have 2 months advance rent in hand. Can i or should I get this money back now?

Thank you. If they know about the 8 months wait time, you may have a hard time getting compensation for a month. It often takes that long to get repairs done in situations like this, and you showed it didn't bother you much by not reporting during that 8 month period. In short, this will be difficult. However, if you want to pursue it, the best method may be to get an attorney to write a demand letter, stating the landlord's obligation under the law to provide a habitable living area and failing to fix the ceiling after you told them. If they don't agree, you may have to sue them to recover anything, which as I said will be hard.

I hope this helps!

I hope this helps!

If you valued my time, please consider rating me positively at the top of the page. Experts don't get credit for our answers until you do. If you have further questions, please continue to ask them until you're completely satisfied.

Michael

If you want to speak to me personally, you can request a phone coversation to follow up or ask me a new question at https://www.justanswer.com/law/expert-sololawyer/

DISCLAIMER: This is not legal advice and I am not your lawyer. The information I provide is based on my knowledge of the jurisdiction where I am admitted to practice, my experience on this site over several years, and research on the relevant laws and statutes for your jurisdiction, if any. My information is not advice and you should always speak to local counsel before you act.

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Customer reply replied 1 month ago
My last question not answered
Customer reply replied 1 month ago
I live by myself and when at work i dont want anyone in my apt i have valuables laying around thats the reason i didnt notify them.
Customer reply replied 1 month ago
Is one month rent reasonable request?
Customer reply replied 1 month ago
What attorney can i contact in pooler savannah ga?
Customer reply replied 1 month ago
I put in the request the 28th and just now it is addresses. Mold for 5 days.
Customer reply replied 1 month ago
What happened? Not replying. I am not done
Customer reply replied 1 month ago
Please opt out
Customer reply replied 1 month ago
Hello are you there
Damien Bosco
Damien Bosco, Attorney
Category: Legal
Satisfied Customers: 4,221
Experience: Helping you with your legal questions.
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Are you still looking for help on your question?

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Customer reply replied 1 month ago
the previous lawyer disapeared!

Okay. My understanding is that you notified them about a month ago and they have not rectified the problem yet. And now you want to move and they want to charge you a termination fee. Is that correct?

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Customer reply replied 1 month ago
Not really. I notified them but they forgot so i lived with the mold for a month. Then i reminded them but they acted like i never told them. They dropped the ball and want to fault me. Even the second time it took 5 days to get them to come clean the black mold.

Okay. So that is a factual dispute - when you gave them notice to rectify the situation. You could possibly claim damages, and a one month rent could be the damage amount. However, it appears there is a factual dispute of when you notified them. So, it would up to the Judge or even Jury to decide who is telling the truth. A landlord is generally liable to fix mold unless it is the tenant's fault. The landlord fixed the mold, and you lived with the mold for about a month. So the question is a factual one about the notice you provided to them.

We can discuss this more if you want to do so.

If you have further questions or you need further assistance, just let me know.

If not, please remember to rate my answer between 3 to 5 stars without any additional costs to you. That is how I get credit for answering your question. Best regards.

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Customer reply replied 1 month ago
the lady admits she made mistake i am fighting them for one month rent but they dont agree. what lawyer can i go to in savannah ga to write them a letter?
Customer reply replied 1 month ago
isn't me living with mold for one month their violation of law?

You would want a landlord-tenant attorney. I can provide you a lawyer referral service phone number that you can call to get some names. Would you like mt to do so?

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Customer reply replied 1 month ago
pls

Here is a link to the Savannah Bar Association directory of attorney. I narrowed it down the list for you for someone that handles litigation and property law.

https://www.savannahbar.org/directory

If you have further questions or you need further assistance, just let me know.

Also, please remember to rate my answer between 3 to 5 stars without any additional costs to you. That is how I get credit for answering your question. Best regards.

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Customer reply replied 1 month ago
pls see question above

Okay. Hold, please.

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Generally, once a landlord is notified by the tenant that there is mold, a landlord has to act within a reasonable amount of time (usually this would mean between 5 and 7 days). If it is not done, then the tenant sometimes can claim "constructive eviction," meaning the tenant has been forced to leave the premises due to the hazard. Usually, in that situation, if the tenant leaves, the tenant can attempt to get a rent abatement. So, if the tenant stays there is a possibility of recovery. Also, if the tenant suffered from any illness due to mold contamination in the rented apartment, then the tenant possibly can sue the landlord for compensation and damage.

If you have further questions or you need further assistance, just let me know.

If not, please remember to rate my answer between 3 to 5 stars without any additional costs to you. That is how I get credit for answering your question. Best regards.

Damien Bosco
Damien Bosco, Attorney
Category: Legal
Satisfied Customers: 4,221
Experience: Helping you with your legal questions.
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Damien Bosco and 87 other Legal Specialists are ready to help you
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Customer reply replied 1 month ago
gave you 5 stars thanks

You are welcome!

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Customer reply replied 1 month ago
do you know any lawyers in aviation i have witnessed very sketchy business in vip aircraft i need to talk to somone about it

I am not sure of attorney. We cannot refer particular attorneys anyway, just the referral services. You could want open another question about the aviation issue. If a Just Answer attorney believes they can help you, then they will respond. If you want me to field the question, you can open up the new question ask for me specifically on the question and I can see if I can help you.

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Customer reply replied 1 month ago
its very complex basically the companies i work for that modify these airplanes do not meet the regulations i can prove that they dont. i dont know if this is a big deal?

I see. This would be something to bring up to them internally. However, if you get retaliated against for bringing it up or reporting the company, then it could be a whistleblower situation. Maybe you would first want to speak to an aviation expert. I am not sure if there is a Just Answer category for it.

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Customer reply replied 1 month ago
i worked on the prince of Saudi ariabia's airplane multi million dollar airplane but hacked to pieces all wrong engineering. i dont know if its worth pursuing if i am successful i can possibly make alot of money but its such a gray area. i can talk to you further on the side if you are interested pursuing. i cant do it alone

You may want to speak with an attorney that handles aviation legal issues. What you are describing is beyond my area of expertise.

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Customer reply replied 1 month ago
thank you

You are welcome. Best of luck.

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