Landlord hasnt completed repairs, can i be evicted for withholding rent

[tristas3lilppl]

What is the name of your state (only U.S. law)? Georgia

Ive witheld rent the past month because my landlord has not completed any repairs...I informed him by hand-written letter months ago of new damage in addition to previous damage not fixed from when i moved in. He came out, looked at the "new" damage and stated he would contact someone to complete the work. He hasn't completed any repairs yet, i have been fixing what i can on my own to keep my home livable. I was unaware of any procedure or steps to follow to handle things correctly before i withheld rent so i did not inform him of my intentions, i've spoken w/ him a few times but only telling him "I'm unable to pay rent at this moment but will pay soon." Can i be evicted since i didnt go through the correct process? Can you tell me what i should do or point me in the right direction please!

Thanks,
Aggravated in GA!

 

[STEPHAN]

Yes, you can be evicted for not paying rent. That’s what people usually say when they do not pay rent and have to go to court: But there were repairs that should have been done! – Too late.

For now this are two completely separated issues. Did you send him a letter with certified mail on the repairs?

 

[Gail in Georgia]

In Georgia a tenant has the ability to do a "repair and deduct" if a landlord does not address a repair issue in a "timely manner".

Legally tenants in Georgia do not have the ability to withhold rent. By doing so, you have opened yourself up to the risk of an eviction:

"How to "force" a landlord in Georgia to make repairs:
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. 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. Be sure the lease provision for notice is followed. If your landlord fails to make the requested repairs within a reasonable time after notice, you can either file a lawsuit against your landlord for damages caused by his failure to repair or, if your landlord sues you, counterclaim for damages due to the failure to repair. A tenant may also want to consider using repair and deduct. The tenant cannot stop paying rent even when the repairs are not made."

Gail

 

[Zigner]

What is the name of your state (only U.S. law)? Georgia

Ive witheld rent the past month because my landlord has not completed any repairs...I informed him by hand-written letter months ago of new damage in addition to previous damage not fixed from when i moved in. He came out, looked at the "new" damage and stated he would contact someone to complete the work. He hasn't completed any repairs yet, i have been fixing what i can on my own to keep my home livable. I was unaware of any procedure or steps to follow to handle things correctly before i withheld rent so i did not inform him of my intentions, i've spoken w/ him a few times but only telling him "I'm unable to pay rent at this moment but will pay soon." Can i be evicted since i didnt go through the correct process? Can you tell me what i should do or point me in the right direction please!

Thanks,
Aggravated in GA!

You told him yourself that this is a financial issue and not a "repairs" issue.

 

[FarmerJ]

Pay your rent and call in your city / county building inspections desk, if any item is a code violation they will order the repair to be done.

 

[mwooster]

What is the name of your state (only U.S. law)? Georgia

Ive witheld rent the past month because my landlord has not completed any repairs...I informed him by hand-written letter months ago of new damage in addition to previous damage not fixed from when i moved in. He came out, looked at the "new" damage and stated he would contact someone to complete the work. He hasn't completed any repairs yet, i have been fixing what i can on my own to keep my home livable. I was unaware of any procedure or steps to follow to handle things correctly before i withheld rent so i did not inform him of my intentions, i've spoken w/ him a few times but only telling him "I'm unable to pay rent at this moment but will pay soon." Can i be evicted since i didnt go through the correct process? Can you tell me what i should do or point me in the right direction please!

Thanks,
Aggravated in GA!

Very simple answer - yes, absolutely, you can get evicted

in Maryland, you can pay the rent to the court and then the court will allocate the funding to get the repair done and pay the rest to the Landlord. I'm sure Georgia probably has a similar mechanism

 

[quincy]

Very simple answer - yes, absolutely, you can get evicted

in Maryland, you can pay the rent to the court and then the court will allocate the funding to get the repair done and pay the rest to the Landlord. I'm sure Georgia probably has a similar mechanism

Although it should probably be obvious to most, Maryland is not Georgia.

As Gail in Georgia noted early on, Georgia landlord/tenant laws do not allow for a tenant to withhold rent. The tenant needs to pay the rent. But the tenant can report needed repairs to the landlord and, if the landlord does not make the necessary repairs within a reasonable amount of time, the tenant can make the repair and then deduct costs of the repair from the rent. The tenant should keep all receipts to support the costs deducted.

Here is a link to the landlord/tenant laws in Georgia: http://www.dca.ga.gov/housing/housingdevelopment/programs/downloads/Georgia_Landlord_Tenant_Handbook.pdf

See Page 47 for information on "repair and deduct."
See Page 49 for constructive eviction.
See Page 57 for eviction.

 

[Gail in Georgia]

"I'm sure Georgia probably has a similar mechanism "

It doesn't.

Gail

 

[Just Blue]

"I'm sure Georgia probably has a similar mechanism "

It doesn't.

Gail

What?!! Are you kidding? Not all States are like Maryland?????