Q: How can I legally avoid paying rent for unaddressed health risks and unemployment?
I moved out of my rental property due to severe asthma exacerbated by suspected mold, unaddressed leaking pipes, and unsanitary conditions caused by an uncleaned cat litter box near my bedroom. Despite informing my landlord through various communications, including a disability waiver, he did not respond or take action regarding these health risks. The lease did not cover early termination for reasons other than military service, and my security deposit was used to cover a month's rent after I moved out. Now, my landlord is demanding payment for an additional month of rent. I've been unemployed for four months and unable to pay. How can I handle this situation legally to avoid paying if possible?
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A:
Given the situation, it’s important to first review your lease agreement carefully to understand any clauses regarding health risks, maintenance, and early termination. In Georgia, landlords are required to maintain a rental property in a habitable condition, which includes addressing issues like mold, leaking pipes, and unsanitary conditions. If these problems were severe enough to impact your health, and the landlord failed to respond after being notified, you may have grounds to argue that the property was not habitable, which could justify your early departure without further rent obligations.
Next, you should gather documentation of your communications with the landlord about these issues, including any medical records or statements from your doctor regarding the health risks caused by the living conditions. This can strengthen your case, particularly if you can show that the landlord’s failure to address these concerns led to a reasonable decision to leave. Since you moved out due to health concerns, it might be useful to explore whether you could claim constructive eviction, which occurs when the landlord's failure to maintain the property makes it uninhabitable.
As for the landlord’s demand for an additional month of rent, you could try negotiating a settlement or payment plan, especially given your current unemployment situation. If the landlord is unwilling to cooperate, you may want to seek legal advice from a local attorney or tenant advocacy group. They can help you explore your options, including whether you might be able to contest the rent demand based on the health risks and the landlord’s failure to address them. Keep all records of your communications and any medical documentation that supports your claims.
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