Landlord refuse to repair and have asked us to terminate lease early

[estherg1011]

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

We have a hot water heater back draft issue that cause exhaust being smell in the living areas of the condo.
After calling out 2 HVAC technicians to look at the issue, our landlord have decided that he doesn't want to try to investigate/fix the issue any further because of financial reason and it takes too much of his time.
He told us that if we continue to feel sick (shortness of breath and headache from the exhaust), he would have to ask us to leave for his liability reason.

We continue to pay our rent on time and there is 4 months left on our lease.
I understand his point of view, but also concern on the extra cost for moving again.

Any insight on this would be greatly appreciated it!

 

[Gail in Georgia]

Georgia does allow a tenant to do what is called a "repair and deduct" if a landlord does not address a repair request in a timely manner; i.e., address the repair issue themselves and deduct the cost of such off the rent.

This is what you would need to do should you decide to go this route:


(GA Laws 44-7-1,44-7-11,44-7-13, and 44-7-14)


THIS INFORMATION IS FOR FOR RESIDENTIAL LEASES ONLY
DIFFERENT LAWS APPLY FOR COMMERCIAL LEASES

Landlords have a non-delegable duty to make repairs which result from normal wear and tear. The tenant, however, can always be held responsible for damage resulting from his own negligence. If a residential lease provision makes the tenant pay for damages caused by normal wear and tear, it is legally invalid. The landlord's duty to make repairs extends to fixing the plumbing, plugging leaks, carpet cleaning, painting, ...etc.

Getting the Landlord To Make Repairs

a. See if the lease requires giving the landlord written notice of requests for repairs.

b. Send a dated written request anyway, or it's your word against the landlord's. Keep copies of all correspondence between you and your landlord.

c. Allow a reasonable time for the landlord to make repairs.

For reasonableness, consider the nature and seriousness of the defect and how long it should take to arrange repairs. Serious defects that pose health and safety hazards should get prompt attention. (If your not sure how long to wait call up other management properties in the phone book and ask them how long it takes for them to repair these types of defects.)

d. If a reasonable time has passed, send the landlord a letter stating the following. "On such and such a date I wrote you that condition x needed repairs. (See prior letter enclosed). I have waited a reasonable amount of time but these repairs have still not been made. If the problem is not fixed in _______ days I will exercise my rights under Georgia law 44-7-13 which allows me to make the repairs myself and then deduct these costs from next month's rent. Please contact me before then so this won't be necessary."

e. If the landlord is unresponsive, deduct the repair costs from your rent. For your protection, you can take pictures of the defect before getting them fixed. Make sure to make copies of the receipt for repairs and to give a copy to your landlord with your next rent check. Do not hand over the original receipt unless you have a copy also!

f. You can also report violations to your local Housing Code Enforcement Division. They will send out an inspector to see if your apartment complies with applicable building codes. Get copies of all reports listing each violation. Such may come in handy if you need to sue in court.


Keep in mind that you can also contact your local Code Enforcement but if they investigate and find that this issue makes the rental unit "uninhabitable" (as opposed to "unrepairable") you would need to vacate the unit and move.

Gail

 

[estherg1011]

Thank you so much for your detail answer Gail.
I will read through the information and follow your suggestions!

Georgia does allow a tenant to do what is called a "repair and deduct" if a landlord does not address a repair request in a timely manner; i.e., address the repair issue themselves and deduct the cost of such off the rent.

This is what you would need to do should you decide to go this route:


(GA Laws 44-7-1,44-7-11,44-7-13, and 44-7-14)


THIS INFORMATION IS FOR FOR RESIDENTIAL LEASES ONLY
DIFFERENT LAWS APPLY FOR COMMERCIAL LEASES

Landlords have a non-delegable duty to make repairs which result from normal wear and tear. The tenant, however, can always be held responsible for damage resulting from his own negligence. If a residential lease provision makes the tenant pay for damages caused by normal wear and tear, it is legally invalid. The landlord's duty to make repairs extends to fixing the plumbing, plugging leaks, carpet cleaning, painting, ...etc.

Getting the Landlord To Make Repairs

a. See if the lease requires giving the landlord written notice of requests for repairs.

b. Send a dated written request anyway, or it's your word against the landlord's. Keep copies of all correspondence between you and your landlord.

c. Allow a reasonable time for the landlord to make repairs.

For reasonableness, consider the nature and seriousness of the defect and how long it should take to arrange repairs. Serious defects that pose health and safety hazards should get prompt attention. (If your not sure how long to wait call up other management properties in the phone book and ask them how long it takes for them to repair these types of defects.)

d. If a reasonable time has passed, send the landlord a letter stating the following. "On such and such a date I wrote you that condition x needed repairs. (See prior letter enclosed). I have waited a reasonable amount of time but these repairs have still not been made. If the problem is not fixed in _______ days I will exercise my rights under Georgia law 44-7-13 which allows me to make the repairs myself and then deduct these costs from next month's rent. Please contact me before then so this won't be necessary."

e. If the landlord is unresponsive, deduct the repair costs from your rent. For your protection, you can take pictures of the defect before getting them fixed. Make sure to make copies of the receipt for repairs and to give a copy to your landlord with your next rent check. Do not hand over the original receipt unless you have a copy also!

f. You can also report violations to your local Housing Code Enforcement Division. They will send out an inspector to see if your apartment complies with applicable building codes. Get copies of all reports listing each violation. Such may come in handy if you need to sue in court.


Keep in mind that you can also contact your local Code Enforcement but if they investigate and find that this issue makes the rental unit "uninhabitable" (as opposed to "unrepairable") you would need to vacate the unit and move.

Gail

 

[Big Bill]

Read this- important!

What is the name of your state (only U.S. law) - Georgia
He told us that if we continue to feel sick (shortness of breath and headache from the exhaust), he would have to ask us to leave for his liability reason.[/QUOTE

BE ADVISED- THE SYMPTOMS YOU ARE DESCRIBING MAY BE CARBON MONOXIDE (CO) POISONING! Make sure you have a working Carbon Monoxide detector in your place (In many states they're required by law). The gases of combustion coming from a gas hot water heater are the same as from a gas furnace (or an automobile) and must be properly vented by code! If you start feeling those symptoms call 911 immediately! I can't stress this enough, CO is a colorless, odorless gas that will kill you if allowed to build up in sufficient quantity. I understand you're in Georgia- here in NY it's not unknown for entire families to be killed or seriously harmed during the winter by faulty gas furnaces. Speaking as a landlord myself, yours sounds like an IDIOT- he's left himself open for a huge lawsuit should one of you die or fall seriously ill due to this. It also goes straight to the issue of habitability of your unit. That appliance needs to be looked at by a competent person, and quickly!