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In Georgia can you hold the rent money if the land lord have…

In Georgia...

In Georgia can you hold the rent money if the land lord have not fixed anything and not pay until it fixed

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

The property is located in in Stone Mountain GA . Dekalb CO

Lawyer's Assistant: Has any paperwork been filed?

NO PAPER HAVES BEEN FILED AT THIS TIME.

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

I Have complaint of mold and call the code enforcement .However the land ford came over slamming things down on the counter top say it her house she did this all before time to pay the rent now it time to pay the rent

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Answered in 7 minutes by:
3/8/2018
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 32,264
Experience: JA Mentor
Verified

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

Georgia unfortunately doesn't have a specific statute that allows a tenant to withhold rent in order to force a landlord to make repairs. Courts have recognized the rights of a tenant to make repairs themselves and deduct it from the rent when the landlord refuses, but that requires first sending notices explaining your intent to do so and giving them time to make the repair themselves. Since you've already notified code enforcement, it probably wouldn't make sense to hire someone to fix the mold now.

A tenant's options when the landlord fails to make repairs that affect health and safety are to contact the city, as you have done, repair and deduct, sue the landlord for an injunction requiring him to do the repairs, or sue for diminished value of the property. For ongoing problems, you can sue for diminished value even after exercising other options. But if you withhold the rent, the landlord unfortunately can choose to evict you.

Have I answered your question? If any part of my response is unclear, please reply WITHOUT rating so I can clarify. My goal is to provide excellent service, so if I've done that, please give me a 5-star rating before signing out. Thank you for using JustAnswer.

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Customer reply replied 4 months ago
You have my 5 star vote thanks

I'm glad I could help.

Please choose a positive rating on the screen, as this is the only way that I get paid for the time spent answering your questions. Thank you.

Lucy, Esq.
Lucy, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 32,264
Experience: JA Mentor
Verified
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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.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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