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GA - landlord refuses to make repairs

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C

CK 27

Guest
What is the name of your state? GA

I have been on a 2 year lease with an individual (not an apartment complex) since May 2002, and getting repairs made has always been like pulling teeth. I sent a letter with the Nov. 1 rent check, detailing some repairs that need to be done around the house. I received no response.

I read about the "repair and deduct" procedure on a couple of different websites and decided to initiate it. With the Dec. 1 rent check, I included a letter stating that the problems needed to be addressed within 30 days, or I would hire a professional to take care of them and I would deduct the amount from the following month's rent. I did not say that they had to be "fixed", just that they needed to at least be examined. My concern is that some of the problems are dangerous (broken stairs, rotting upstairs floor).

Last night I recieved a phone call from my landlord. Her exact words were "If you do anything to that house, you will be out so fast your head will spin", at which point she hung up.

Am I really in danger of being evicted if I make these repairs? At what point to I need to call a lawyer? Thanks in advance for any advice/assistance.
 


HomeGuru

Senior Member
CK 27 said:
What is the name of your state? GA

I have been on a 2 year lease with an individual (not an apartment complex) since May 2002, and getting repairs made has always been like pulling teeth. I sent a letter with the Nov. 1 rent check, detailing some repairs that need to be done around the house. I received no response.

I read about the "repair and deduct" procedure on a couple of different websites and decided to initiate it. With the Dec. 1 rent check, I included a letter stating that the problems needed to be addressed within 30 days, or I would hire a professional to take care of them and I would deduct the amount from the following month's rent. I did not say that they had to be "fixed", just that they needed to at least be examined. My concern is that some of the problems are dangerous (broken stairs, rotting upstairs floor).

Last night I recieved a phone call from my landlord. Her exact words were "If you do anything to that house, you will be out so fast your head will spin", at which point she hung up.

Am I really in danger of being evicted if I make these repairs? At what point to I need to call a lawyer? Thanks in advance for any advice/assistance.
**A: send another letter via certified rrr mail demanding that the health and safety issues be addressed in a specific time frame. Cite the L/T law.
 

FarmerJ

Senior Member
Just by chance does your town have a housing inspections department ? If your LL fails to make repairs needed after you do your second letter CALL inspections and have inspections come out . If your local inspections unit decides to condemn unit your off the hook and able to move with no further problem because you will be able to have a copy of any no habbit order to use in court if you need to .
 
C

CK 27

Guest
My only concern with sending a certified letter is that my landlord will not pick it up. I sent the rent check with a certified letter once (a year ago) to try to get some repairs done, and the landlord called me mid-month to ask where the rent check was. She had completely ignored the notice from the post office about the certified letter. If I send one, and she ignores it, does it still "count" as notification?

Also, the resources I've been using to learn about "repair and deduct" and tenant/landlord rights is legitimate, but is written with the lay-person in mind:

http://www.dca.state.ga.us/housing/landlord/repairs&maint.html
and http://www.legalaid-ga.org/

Is it OK to cite these in my certified letter? If not, what should I cite? I can't seem to find any "formal" statute. (I'm not even sure what I'm looking for.)

I'm trying to get in touch with my city's housing inspector. Unfortunately I haven't gotten a human on the phone yet, so I'm not sure if they will inspect a house in a case like this.

Thanks again for all the advice -- this is the first time I've dealt with anything like this.
 

HomeGuru

Senior Member
CK 27 said:
My only concern with sending a certified letter is that my landlord will not pick it up. I sent the rent check with a certified letter once (a year ago) to try to get some repairs done, and the landlord called me mid-month to ask where the rent check was. She had completely ignored the notice from the post office about the certified letter. If I send one, and she ignores it, does it still "count" as notification?

**A: so just because it happened one time a year ago, you wish to not try again?
Hand deliver the notice then.
**********

Also, the resources I've been using to learn about "repair and deduct" and tenant/landlord rights is legitimate, but is written with the lay-person in mind:

http://www.dca.state.ga.us/housing/landlord/repairs&maint.html
and http://www.legalaid-ga.org/

**A: then that's good then correct? Better plain language then a bunch of crap legalese that no one can understand.
*************

Is it OK to cite these in my certified letter? If not, what should I cite? I can't seem to find any "formal" statute. (I'm not even sure what I'm looking for.)

**A: keep looking and cite verbatim. Or print out a coy of the relevant section and in your letter make reference to the section by statute number and put (see enclosed)
*************

I'm trying to get in touch with my city's housing inspector. Unfortunately I haven't gotten a human on the phone yet, so I'm not sure if they will inspect a house in a case like this.

**A: are animals answering the phone?
***********

Thanks again for all the advice -- this is the first time I've dealt with anything like this.

**A: keep doing your homework.
 

dequeendistress

Senior Member
So what if he does not pick up the Certified Letter...you still have proof that you tried to submit. Keep the green card!

...and of course,follow the Gurus advice in addition and hand deliver it (this is what I would do)...make a copy of the letter prior to delivery, put a piece of that archaic carbon paper in between, include a signature line for you, including date and time and make a signauture line for the landlord.

Then you BOTH have a copy of the actual letter you delivered.

In regards to the inspection...if you are within the city limits, and the inspector is not answering, you ARE leaving a message to contact you, correct? If ample time has passed and no contact, then maybe you should try the Mayors office...(s/he is elected correct?)
 

HomeGuru

Senior Member
dequeendistress said:
So what if he does not pick up the Certified Letter...you still have proof that you tried to submit. Keep the green card!

**A: in certified rrr mail, the sender does not get the green card to keep as the green card is attached to the letter and only detached when the mailperson gets the signature of reciept and delivers the letter. Then the green card is mailed to the sender.
Oh, you mean keep the green card attached to the unopened undelivered letter that was sent back to the sender.
Ok then.
 
C

CK 27

Guest
I did leave messages at the housing inspector's office and I got a reply late Friday. He said that due to his office being under-staffed, they were not doing inspections on properties in situations like mine. They are only inspecting new buildings, apparently. He suggested that I get a private inspector. I looked into that, and it would cost me about $250. I have no problem with the cost, but I'm not sure how useful it would be, or how to use it to my advantage. I just want the house fixed, I don't want to go to court if I can help it. I'm also tired of being bullied by my landlord.

I also got a call back from the GA landlord/tenant hotline. They said that "repair and deduct" is based on case law, not a statute, but didn't give me the case name. (They left a message, so I couldn't ask.) I have found searchable databases of GA statutes, but I can't find anything with case law. I would like to be able to cite the specific case in my certified letter. I think if I can show proof that I'm within my rights, then the landlord will capitulate. I also want to make damn sure I really AM within my rights.

As for hand delivering the letter, I'm afraid that's not feasible. I will keep the receipt from the post office though. Edit: I'll also use the carbon paper, as suggested -- thanks for that idea.
 

HomeGuru

Senior Member
CK 27 said:
I did leave messages at the housing inspector's office and I got a reply late Friday. He said that due to his office being under-staffed, they were not doing inspections on properties in situations like mine. They are only inspecting new buildings, apparently. He suggested that I get a private inspector. I looked into that, and it would cost me about $250. I have no problem with the cost, but I'm not sure how useful it would be, or how to use it to my advantage. I just want the house fixed, I don't want to go to court if I can help it. I'm also tired of being bullied by my landlord.

**A: also contact your local building department and request an inspection.
**********

I also got a call back from the GA landlord/tenant hotline. They said that "repair and deduct" is based on case law, not a statute, but didn't give me the case name. (They left a message, so I couldn't ask.) I have found searchable databases of GA statutes, but I can't find anything with case law. I would like to be able to cite the specific case in my certified letter. I think if I can show proof that I'm within my rights, then the landlord will capitulate. I also want to make damn sure I really AM within my rights.

**A: the office that gave you the info is correct. There is no specific repair and deduct statute although the GA Code Title 44 Chapter 7 Sections 13 & 14 require L to repair and maintain the premises. Thus, you must repair and sue L for damages but can not withhold rent.
 
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C

CK 27

Guest
**A: also contact your local building department and request an inspection.
**********

I also got a call back from the GA landlord/tenant hotline. They said that "repair and deduct" is based on case law, not a statute, but didn't give me the case name. (They left a message, so I couldn't ask.) I have found searchable databases of GA statutes, but I can't find anything with case law. I would like to be able to cite the specific case in my certified letter. I think if I can show proof that I'm within my rights, then the landlord will capitulate. I also want to make damn sure I really AM within my rights.

**A: the office that gave you the info is correct. There is no specific repair and deduct statute although the GA Code Title 44 Chapter 7 Sections 13 & 14 require L to repair and maintain the premises. Thus, you must repair and sue L for damages but can not withhold rent. [/B]
Unfortunately the city building department is also the housing inspector's office. That's who told me I couldn't get an inspection right now.

As for your answer to part 2, HomeGuru can you please clarify? Does this mean I can't use "repair and deduct"? Do I have to pay for repairs myself, then pay ALL rent (instead of subtracting repair costs), then go to court to get the repair costs back? Sorry I'm a bit confused -- I thought the case law gave me the right to "repair and deduct"?
 

FarmerJ

Senior Member
CK get on your city council /town council persons BUTT in a big way . Invite him or her over and make a big stink because then perhaps they will get the housing inspectors supervisor to relent and have them come out . See some of the money you pay for rent does indeed pay them for services . AND last but not least your city council person may see reason to make a stink with the others on the council and get some funding restored to allow for rental inspections when needed .
 

HomeGuru

Senior Member
CK 27 said:
Unfortunately the city building department is also the housing inspector's office. That's who told me I couldn't get an inspection right now.

**A: you could hire a private home inspector.
**********

As for your answer to part 2, HomeGuru can you please clarify? Does this mean I can't use "repair and deduct"? Do I have to pay for repairs myself, then pay ALL rent (instead of subtracting repair costs), then go to court to get the repair costs back?

**A: yes, that is exactly the scenario.
***********

Sorry I'm a bit confused -- I thought the case law gave me the right to "repair and deduct"?

**A: not true. If there are case laws, then you must prevail in court since the repair and deduct issue is not a statutory law.
 

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