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Can you help with a tenant who moved into a roach issue. The…

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Can you help with...

Can you help with a tenant who moved into a roach issue. The issue wasn’t resolved & ive been dealing with this for now three months. They finally gave me a new unit & as I’m cleaning the new unit to move there, I find dead ones in the new unit they said had no roach issues in the building.

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Ga

Lawyer's Assistant: What steps have you taken so far?

I need help right away because I can’t take the time to move For no reason to move again

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

I documented everything. Pictures. Give them an opportunity to fix it. Was told 2-3 weeks would be fixed. It’s been three months. Found out it’s a unit above me who is the cause.

Submitted: 3 months ago.Category: Legal
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3/21/2018
Lawyer: Loren, Attorney replied 3 months ago
Loren
Loren, Attorney
Category: Legal
Satisfied Customers: 38,781
Experience: 30 years experience representing clients.
Verified

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

I am a certified expert on JustAnswer since 2009, with nearly 100% in satisfied customer ratings. So, we should be able to work through your problem.

I appreciate your patience as I review your question. I will post my response shortly.

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The site may ask you if you wish to speak by phone for an extra charge. Many find the phone call to be the easiest and fastest way to get the information they need without posting on a public forum. I am also happy to continue online.

There may be a slight delay in my replies as I am assisting other JA customers also. I will reply to your follow up questions.

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Customer reply replied 3 months ago
They have ignored me for weeks on the matter. They have completely disregarded my contact on the matter several times. Now they are having me move to another unit but, are only taking $100 off of the last three months rent. Aren’t helping to Pay forbid movers. Wouldn’t fully clean the new unit. Basically treating me like I caused the problem. I was told new building has never had complaints of roaches but found dead ones & those clearly Cke from somewhere so that building does have them. Now I just need to move but, don’t have the money to pay for that now that’s ive wasted it all on moving into here’s & they have my security deposit. I’ve taken off of work & am losing money so I could last minute move in their time schedule & now I can’t move just to have the same problem. I need help. Please. I have pics of nearly every roach I ive seen & they basically told me I was lying.
Lawyer: Loren, Attorney replied 3 months ago

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, or remediate a pest infestation, 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.

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.

If (and only if) you are completely satisfied that your question is answered professionally and accurately, even if not the answer you were hoping to get, 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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Lawyer: Loren, Attorney replied 3 months ago

If you have no further questions please remember to rate my service (5 Stars) so that I am credited by JA for answering your question and also so that I may close the question.

There is no additional charge to you for a 5 star rating of my service.

Thank you for using JA.

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