Transferring a lease? Multiple questions.

[mayuriinabox]

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

My boyfriend, son, and I moved into this apartment in October last year- we signed a one year lease. When we viewed the apartment the landlord said she was working on getting the heating and air fixed- we said ok, and after we moved in we continuously asked about it. Nothing was ever done- even with our space heaters.. there were nights and mornings we came downstairs and it was 45 degrees. Now that the weather is warmer the upstairs is like a boiler room- you can hardly breathe! No screens were provided with the apartment and I can't exactly keep the windows open since I have a toddler and inside animals.. But the air conditioning units we bought just aren't doing it.
There was a leak in the downstairs bathroom and the landlord came in and shut the water off in that sink, promising to fix it soon... needless to say- three months later we still do not have the pipes fixed in that bathroom and worse- the old piping is glued on.
There was a garbage disposal in the kitchen- when we moved in she said that it was going to be replaced or pipes would be placed in lieu of the disposal.. never happened and I got tired of the smell and water backing up and we replaced it ourselves (pipes, anyway).
There was a problem with the plumbing upstairs shortly after moving in.. we had to use TONS of draino.. but either way, there was a leak somewhere and the ceiling is a beautiful brown color where the bathtub is (downstairs ceiling). That was never even checked.

Basically.. An apartment in the building next to us with an awesome landlord, renovated with hardwood floors, new ac, etc, became available and my boyfriend jumped on it. I can hardly breathe in this current apartment and my son is having a hard time as well.
We have some roommates currently (the lease is in our name) and they were considering asking the landlord if they can take over payments on this apartment.

SO the questions:

Is the landlord in breach of contract by not fixing these issues- namely the heating and plumbing? I don't think GA law mandates A/C be provided..
Can we transfer the lease legally to our roommates, who are already living here, and let them assume payments?
If we cannot transfer the name on the lease, can we sublet? And if so, what are the conditions, usually?

 

[STEPHAN]

Did you send letters (registered mail) to the LL on the repairs?

 

[Gail in Georgia]

" Is the landlord in breach of contract by not fixing these issues- namely the heating and plumbing?"

The landlord has to provide some source of working heat. Georgia law does not specify whether this has to be central heat, gas heat, space heaters, electric heaters, etc.. Air conditioning is not a requirement in this state (and I doubt if things have gotten "broiling" yet).

The landlord also has to provide adequate plumbing.

"Can we transfer the lease legally to our roommates, who are already living here, and let them assume payments?"

Not without the permission of the landlord.


" If we cannot transfer the name on the lease, can we sublet? And if so, what are the conditions, usually?"

Pull out your lease and review whether subletting is allowed.

As previously mentioned, send WRITTEN documentation to the landlord regarding these repair issues. Give them a deadline when these need to be addressed. If not done by the deadline, contact your local Code Enforcement Office to discuss these repair issues.

Gail