Q: Can i get out of my lease if there is server water damage and black mold on my ceelings?
2 months have gone by and I have let the landlord know imminently of the constant leaking in the roof and the mold on all the ceilings, I feel it is a huge health hazard in my household and want to know if it is possible to get out of this 1 year lease. One person came and just looked at the damage and stated that they would be back no one has been here in over a month. What are my options ?
A:
The first thing is to contact code enforcement regarding the leaking roof.
Also, have a professional mold service test the mold. Not all mold creates a health hazard.
In court, if you don't have an expert, your beliefs about the mold are irrelevant.
Once you have code enforcement come in and have the mold tested, you will be in a better position to negotiate a written termination of the lease. It is dangerous to just leave or leave on an oral agreement. Early terminations must be in writing and signed by both parties. Also, in the negotiations, you may want to demand a concession on your rent.
One of the worst things you can do in most counties in Georgia is to withhold rent or just vacate. When tenants take that route, the landlord will file a dispossessory to evict. Although the tenant can file a counterclaim regarding the damages and decreased in value of the lease, the judgment is usually in favor of the landlord to evict the tenant. This is true even though the tenant may decrease the judgment with an offset for the counterclaim.
Of course, an eviction on your record will make it more difficult to rent in the future.
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
