Q: My question is can a tenant in GA unilaterally withhold rent in liu of delay in AC repair?
I am reaching out to you in regards to my dilemma in evicting a tenant at my property .
Tenant attempted to pay partial rent for current month, which I refused and sent the payment back. Now he is withholding rent.
Thanks,
A:
In Georgia, a tenant takes a significant risk by withholding rent. Also, he hurt his case by refusing to buy an a/c and deduct it from the rent.
When you file a dispossessory, he can file a countersuit. At the hearing, the judge may decrease the rent for the month he did not not have a/c. The safest thing he could have done was to pay the rent and then sue for the decreased value of the lease. Nevertheless, the court has the descretion to reduce the rent, give you the judgment for the remainder, and require the tenant to leave the property (evict).
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