My question involves landlord-tenant law in the State of: Georgia
This is kind of a broad post, let me know if I should break it up into several narrower ones.
I've filed a lawsuit against my landlord in Magistrate Court for several issues, including:
I notified them on may 1st that the A/C was not working correctly verbally (when I paid my rent) on may 1st. It later broke completely, and I have a record of a repair order on the 7th.
I moved out on the 13th-15th ish. I signed a new lease to a new unit on the 13th, but it took several days to move my things over due to the heat.
Can I claim exemption from rent due for that period (it was over 85F inside)? Can I claim damages due to the inconvenience and excessive heat in Magistrate court? There is a provision in the contract waiving the right to a jury trial.
I was charged $80 for wall damage out of my $150 security deposit, but it wasn't specified exactly what for. There was some damage to the paint. I tried cleaning the walls with water and a paper towel, and this caused paint to peel off. I sent an email about that. There was also discoloration of paint where my bed touched the wall. I don't think I could have properly cleaned it because that might cause more paint peeling.
The only notice I received about this charge was posted to my account with them. I was not given a move out inspection form. It simply says something like "wall damage in bedroom A and B" on the ledger.
I never received information about the location of the security deposit for that lease. In my second lease, it appears buried in the contract. Both contracts differ slightly, although they display the same "version" on them. I was not given a move in form with a pre-existing list of damages. I was given a blank form and asked to fill in the form myself on move-in.
Can I likely recover the $80? $150, $240? $450?
I have a copy of the email I sent out. The former manager admitted it was a problem with poor paint, but they are not with the company anymore. I have copies of all leases. I don't have pictures of the paint anymore in the old unit. I have copies of a demand letter where management refused to refund the deposit or pay me for the A/C downtime. I have copies of all checks. I paid the $80 with a check endorsed "Without Prejudice otherwise null.". The contract claims to be able to deposit checks regardless of endorsements. Is that valid?
This is kind of a broad post, let me know if I should break it up into several narrower ones.
I've filed a lawsuit against my landlord in Magistrate Court for several issues, including:
- A/C Unit Broke
- $80 of security deposit withheld
I notified them on may 1st that the A/C was not working correctly verbally (when I paid my rent) on may 1st. It later broke completely, and I have a record of a repair order on the 7th.
I moved out on the 13th-15th ish. I signed a new lease to a new unit on the 13th, but it took several days to move my things over due to the heat.
Can I claim exemption from rent due for that period (it was over 85F inside)? Can I claim damages due to the inconvenience and excessive heat in Magistrate court? There is a provision in the contract waiving the right to a jury trial.
I was charged $80 for wall damage out of my $150 security deposit, but it wasn't specified exactly what for. There was some damage to the paint. I tried cleaning the walls with water and a paper towel, and this caused paint to peel off. I sent an email about that. There was also discoloration of paint where my bed touched the wall. I don't think I could have properly cleaned it because that might cause more paint peeling.
The only notice I received about this charge was posted to my account with them. I was not given a move out inspection form. It simply says something like "wall damage in bedroom A and B" on the ledger.
I never received information about the location of the security deposit for that lease. In my second lease, it appears buried in the contract. Both contracts differ slightly, although they display the same "version" on them. I was not given a move in form with a pre-existing list of damages. I was given a blank form and asked to fill in the form myself on move-in.
Can I likely recover the $80? $150, $240? $450?
I have a copy of the email I sent out. The former manager admitted it was a problem with poor paint, but they are not with the company anymore. I have copies of all leases. I don't have pictures of the paint anymore in the old unit. I have copies of a demand letter where management refused to refund the deposit or pay me for the A/C downtime. I have copies of all checks. I paid the $80 with a check endorsed "Without Prejudice otherwise null.". The contract claims to be able to deposit checks regardless of endorsements. Is that valid?
Moving Out: About How Likely Am I to Win
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