Subdivision dues - priviledges

[ChristineE]

What is the name of your state? GA

OK. We moved into a lovely house in a subdivision Oct. 2007. We never had anyone come formally to show us the house, give us our keys or anything. We were told the lockbox number over the phone to gain access ourselves, so we did and we loved the house.

We got our key from the lockbox on the doorknob to move in - we still have the lockbox. We signed lease at a local coffee shop, and were never given a move in report to fill out (Condition report).
With all this, everything has been fine....except the issue of never receiving the access card to the park and pool area that we were told our rent includes the home owners association fees that allow us to use this area. We have lived here 112 days (1/4 of our lease agreement time has passed) with no access priveledges and have been told by the home owners association that the real estate company and the owner of the house is responsible for getting us this access card.
WIth no resolve and several requests - only excuses from the real estate company....what can I do?

Also......Our microwave broke (part of the house that we pay to rent per our lease agreement) on Thanksgiving of 2007 - Nov 22 - 2007. We still have not had this repaired or replaced after several promises of it being replaced, still to no avail. It is now Jan 20 of 2008. Other repairs have been made in a timely manner, except this one.
How long do I have to wait before I can go buy another one myself and just take it off the rent (can I do that?)

Many thanks.

 

[OHlandlord]

You will have to contact the home owner or the real estate company to get the access card for these areas. Write a certified letter to each requesting this and mail it return receipt requested, keeping a copy for yourself. Ask him to contact you within the next 10 days to tell you when or where you can pick this up.

As for the broken microwave, I suggest you request repairs for this in the same letter. As far as I know, there is no statute on Repair & Deduct remedies in GA. And you couldn't use it if there were until you made a written request for repairs and gave time for the owner to repair. (You need this for proof.) There may be local, city, or case law that would allow this though. You will have to check local statutes on this. In the meantime, ask for this appliance to be repaired or replaced.

 

[ChristineE]

next steps

Thanks for your answer -
So your saying it has to be a certified letter? What if there is still no resolve or answer as to where to get the access card or the microwave repairs after the 10 days?
Can we hold them in breach of contract? Can we withhold rent? What are the next steps?
Do we have any recourse?

Many thanks,