Tennant Defaulting

[ramblinman]

What is the name of your state? Georgia

So, I'm looking for a way to get out of my lease. We've been there about 3 months, and things are starting to go sour. We've noticed a lot of things about the house that are just not up to par. Insulation is almost non existant, and we've had some serious cold snaps lately, its going to be a cold winter. Owner lives in California, repairs on a few things have been slow, such as finishing downstairs bathroom so we can have another roommate, but he has not gotten around to it in 2+ months since he said he would have it done. Lots of little problems like that.

I have a feeling that a few things in the house are not up to building code. But do not want to deal with local authorities unless I need to.

Could someone explain to me what defaulting is, and if we would be responsible for paying rent for the remainder of our lease.
From our lease:
20. Default. If any default is made in the payment of rent, or any part thereof, at the times herein before specified or if any default is made in the performance of or compliance with any other term or condition hereof, the lease, at the option of the Lessor, shall be terminated and be forfeited, and Lessor may re-enter the premises and remove all persons therefrom.

Thanks,

[ENASNI]

Originally Posted by ramblinman

What is the name of your state? Georgia

So, I'm looking for a way to get out of my lease. We've been there about 3 months, and things are starting to go sour. We've noticed a lot of things about the house that are just not up to par. Insulation is almost non existant, and we've had some serious cold snaps lately, its going to be a cold winter. Owner lives in California, repairs on a few things have been slow, such as finishing downstairs bathroom so we can have another roommate, but he has not gotten around to it in 2+ months since he said he would have it done. Lots of little problems like that.

I have a feeling that a few things in the house are not up to building code. But do not want to deal with local authorities unless I need to.

Could someone explain to me what defaulting is, and if we would be responsible for paying rent for the remainder of our lease.
From our lease:
20. Default. If any default is made in the payment of rent, or any part thereof, at the times herein before specified or if any default is made in the performance of or compliance with any other term or condition hereof, the lease, at the option of the Lessor, shall be terminated and be forfeited, and Lessor may re-enter the premises and remove all persons therefrom.

Thanks,

I am not sure you are really looking for the definition of "default" here. You are looking for "constructive eviction" If I have not gotten too rusty.
[url]http://www.state.ga.us/cgi-bin/pub/ocode/ocgsearch?number=44-7&format=full[/url]
There are your State's laws and if you are thinking of getting out of your lease for the reasons you outlined in your post well um.. you have farther to go than you think. You HAVE to go to your local county authorities and get them to make a case against any codes to get anything against the lease. You really should just hitch up your jeans and ask to get out and be honest with the landlord about your reasons. Or heckfire... advertise the place and get out. Thats my opinion and I am sticking to it.
Good luck and well.... enjoy a peach on me!

[ramblinman]

That is what I intend to do. I don't want to get the local authorities involved. Hopefully we'll be able to talk to him and get out. I would just sublease out, but that not possible in our contract.

It comes down to the fact that we live in a college area (Decatur near Emory for those interested) and had to find a place to live near the begining of August, that means the landlords all raise their rent since the rich kids are coming to town. Housemates and I have began discussing what we're going to do a little more, essentially put together a list of greivances. The landlord lives out of state so he might see it to be in his best interest just to let us go. Thanks,