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My daughter recently moved into an apartment. Yesterday she…

Customer Question
My daughter recently moved...

My daughter recently moved into an apartment. Yesterday she realized that what she thought was dirt around all of the bedroom windows is black mold. It is very bad and she had to leave the premises. Does she have the right to not pay rent until it is fixed properly. Due to the amount and how quickly it showed up we have reason to believe it was previously there and possible just painted over.

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

Yes, Cobb County GA

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

I would have to review her lease again.

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

No thank you

Submitted: 3 months ago.Category: Real Estate Law
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Customer reply replied 3 months ago
This is one of the windows
Answered in 14 minutes by:
3/26/2018
Real Estate Lawyer: RealEstateAnswer, Lawyer replied 3 months ago
RealEstateAnswer
Category: Real Estate Law
Satisfied Customers: 32,363
Experience: 10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

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Real Estate Lawyer: RealEstateAnswer, Lawyer replied 3 months ago

Good afternoon. Withholding her rent, may lead an eviction and before anything is done, she needs to provide them with notice of this and make sure that they address it. First, you must notify the landlord of the condition needing repair. It is best to give a written, dated notice informing the landlord of the problem, and keep a copy for yourself. Written notice provides evidence that the landlord was aware of the need for the repair. If it is not possible to give written notice, verbal notice is acceptable unless the lease requires written notice. If your landlord fails to make the requested repairs within a reasonable time after notice, you may want to consider using "repair and deduct." In determining what is a reasonable time consider the seriousness of the condition and the nature of the repair. When the landlord fails to respond to repair requests, the tenant can arrange to have the required repairs done by a competent repair person at a reasonable cost. The tenant should keep copies of all repair receipts and ask the repair person for a statement detailing the work performed and the problem corrected. Keep copies of this information. You may subtract the repair cost from your next month's rent, send any rent owed along with copies of the repair receipts to your landlord. A tenant-at-will has the right to use "repair and deduct" but should keep in mind that their lease can be terminated with sixty (60) days notice. A tenant-at-will would not be wise to spend on repairs more than he can deduct in sixty (60) days. Alternatively, the tenant can file a lawsuit against the landlord for damages arising from their failure to repair. If the landlord has filed suit against the tenant, the tenant may seek to offset the reduction in the value of the leased property caused by the landlord's failure to repair.

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Real Estate Lawyer: RealEstateAnswer, Lawyer replied 3 months ago

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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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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