Need Help: Want out of bad rental house (foreclosure, eviction) - Atlanta - Georgia (GA) - City-Data Forum

deal · 08-18-2008, 10:10 PM

My lease was up 1/08 and I am in a month to month now. Recently, the air went out and there is a major leak under the kitchen sink that has caused excessive mold and mildew (with other pests) to accumulate. My landlord is cheap and is "shopping" for the best price to repair. My children and I have been living in these conditions since the end of July. WE are miserable. The scheduled repairs are for Saturday, 8/23. Keep in mind that the temp. inside my house is 90 degrees, water puddles continue to accumulate on the kitchen floor, it takes 4-5 large towels to clean up the water, and the cabinets are infested with mold, mildew, and standing water (I took pics). I searched today 8/18 for another place and may get it, so I want to move by 8/31 as the new place is available now and I don't want to lose it. Do I HAVE to give a 30 day notice due to the conditions and the fact that my landlord knew of the needed repairs in July? Will I have a problem getting my deposit back?

Sincerely, Hot, sticky, and miserable

Zel Ya · 08-18-2008, 10:53 PM

Quote:

Originally Posted by deal

My lease was up 1/08 and I am in a month to month now. Recently, the air went out and there is a major leak under the kitchen sink that has caused excessive mold and mildew (with other pests) to accumulate. My landlord is cheap and is "shopping" for the best price to repair. My children and I have been living in these conditions since the end of July. WE are miserable. The scheduled repairs are for Saturday, 8/23. Keep in mind that the temp. inside my house is 90 degrees, water puddles continue to accumulate on the kitchen floor, it takes 4-5 large towels to clean up the water, and the cabinets are infested with mold, mildew, and standing water (I took pics). I searched today 8/18 for another place and may get it, so I want to move by 8/31 as the new place is available now and I don't want to lose it. Do I HAVE to give a 30 day notice due to the conditions and the fact that my landlord knew of the needed repairs in July? Will I have a problem getting my deposit back?

Sincerely, Hot, sticky, and miserable

I'm sorry to hear about your present living conditions.

Look at your lease. Everything should be spelled out. Hopefully you have a written lease and not an oral lease.

Getting your full deposit back is sometimes difficult. It always helps to take pictures before you move in, so you can document the condition of the home including existing problems--big or small. It's great you took pictures of the mildew and water problems.

If you're going to rent another home, please be aware that too many owners/real-estate investers/flippers are near or facing foreclosure.

I would scrutinize the landlord a lot. Look this person over quite a bit and ask questions.

I think the 30-day notice is pretty common, unless the lease has a different time frame.

Good luck!

dproctor · 08-19-2008, 07:36 AM

In GA the lessee gives 30 days notice. What the landlord is doing though is considered constructive eviction so you should be able to walk away free and clear immediately IMO. Document everything- take pictures. You will have to file suit to get your deposit back unfortunately.

sweettea1 · 08-19-2008, 08:52 AM

I would take pictures and write up your situation, tell your landlord that you are leaving immediately due to unhealthy living conditions for you and your children and get out. If s/he gives you a problem, I'd take legal action. Hopefully it won't come to this.

Pcola110 · 08-19-2008, 09:02 AM

Well it's obviously to say that your landlord

hasn't been putting aside the monthly rent they've been collecting from you, to cover unexpected and necessary repairs on their property. Go ahead and give your landlord your notice to leave, but make sure you have the other potential rental secured for you and your children too move into. So that you aren't scrambling to find another place if that deal fars thru.

It's good that you've taken pictures, write down the converstation you had with your landlord about the repairs and how long it's taking them since you reported the problem to them, instead of trying to recall it from memory, when you have to take them to small claims court, to get your security deposit back, if they don't give all or some of it back to you (carpet cleaning or whatever spell out in your contract for them keeping a portion of security deposit).

masonbarge · 08-19-2008, 09:59 AM

Legally, a landlord has a duty to provide basic amenities. I would guess that air-conditioning during the summer would qualify, but I'm not sure. If there's nothing in your lease about it, I'd be fairly confident.

So legally, you can move out at any time, and not only get your deposit back (minus actual damage) but also get your rent returned on a pro-rata basis, i.e. if you leave on the 15th you should get 1/2 back.

Unfortunately, you will most likely have to sue to get the money. The good news is, you can use small claims court. It's a bit of hassle, but it's inexpensive and you don't need a lawyer -- in fact, you can't use a lawyer. There a modest filing fee and they give you forms to fill out, then you go to court and it's run like Judge Judy. If you win, you get the filing fee back, too. Like someone said, take a few pictures of the mold.

Noc · 08-19-2008, 10:49 AM

Quote:

Originally Posted by sweettea1

I would take pictures and write up your situation, tell your landlord that you are leaving immediately due to unhealthy living conditions for you and your children and get out. If s/he gives you a problem, I'd take legal action. Hopefully it won't come to this.

Best advice.

Present everything to the landlord in a formal manner (documents) and have in there you must get a response in x days or you'll take legal action. Mold is not something you want to be messing with - for your children's sake.

CMMom · 08-19-2008, 12:32 PM

Quote:

Originally Posted by Noc

Best advice.

Present everything to the landlord in a formal manner (documents) and have in there you must get a response in x days or you'll take legal action. Mold is not something you want to be messing with - for your children's sake.

I would add to send it certified mail, return receipt requested, so that you will have a record of when he received it plus his signature (so that he can't say he never got it).

plessthanpointohfive · 08-19-2008, 01:30 PM

If you are on a month-to-month lease (which is default is there is no signed lease contract or when the signed one expires) then all YOU need to do is give 30 days notice. However, your landlord must give you 60 days notice. I am a landlord with a month-to-month tenant.

Give your landlord 30 days right now. That should give you time to get yourself together and find a new place.

Good luck!

plessthanpointohfive · 08-19-2008, 01:32 PM

Oh, and since you are giving the legally required 30 day notice there is nothing the landlord can do to keep your deposit unless he can show that you've damaged his property beyond normal wear and tear. However, it can be expensive and lengthy to go after your deposit if he decides he's going to steal it.

My advice is still to give him notice and not to be too noisy about your reasons why.