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Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 40998
Experience:  Texas Attorney for 30 years dealing in real estate
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I rent an office in an office suite in Roswell GA. I have

Customer Question

I rent an office in an office suite in Roswell GA. I have been getting progressively sicker and sicker with headaches that have turned into migraines and occassionally throwing up. My assistant had problems with throwing up and headaches and we noticed it was only when we were in the building. Recently it has become so bad that my migraines are preventing me from working. I discovered mold (black) on a window frame in my office where a year or so ago there had been a major leak and the owners had simply sealed up the window. It had happened to all the offices along the same side of building. When I brought it to the new managers attention he had a crew come out and they discovered that there is a leak on the roof and that it has been draining down between the walls for years. Now I am unable to use my office and I have no guarantee they are going to fix the mold problem properly while my health is still an issue. They are acting like it is irritating to them that they have to fix this problem and have not credited me or given me any sort of compensation for what has happened to me.
what are my rights and what am I able to ask them for? There are no written laws I can see in GA about this issue.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Ray replied 1 year ago.

Hi and welcome to JA. Ray here to help you today.

The property here is uninhabitable and unsafe.You should send them a demand letter that they either release you from your existing lease or it is your intent to sue them for breach of contract.You rented habitable space, this is not what you have here.That is your recourse to claim breach of lease contract and sue if unreleased from it.

I would see if you can access any reports here and pics of mold.A sample of mold here if you can scoop it up again supports that there is a documented health hazard.You have great facts to claim breach of lease and space is unsafe here.

I appreciate the chance to help you today.Thanks again.

Expert:  Ray replied 1 year ago.

Reference

If your landlord does not provide habitable office under local and state housing codes, a court would probably conclude that you have been “constructively evicted;” this means that the landlord, by supplying unlivable housing, has for all practical purposes “evicted” you, so you have no further responsibility for the rent. Again this seems to be the situation here, a demand letter to be released form lease is your next step.

Thanks again and good luck here.

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