Welcome to The Outdoors Trader

Register Now
  1. Welcome to The Outdoors Trader! Join today, registration is easy!

    You can register using your Google, Facebook, or Twitter account, just click here. Registered users also see less ads!

Legal question about the house we rent

Thread in 'General Discussion' started by troutman, Dec 6, 2018.

Thread Status:
Not open for further replies.
  1. troutman

    troutman ODT Junkie!

    32   0

    Messages:
    3,301
    Likes Received:
    5,322
    Joined:
    Jul 5, 2014
    Location:
    Cartersville
    Rating
    100%
    We sold our other house and are renting for a year so the real estate market will hopefully not be so overpriced.

    With that said. Our heat runs off the hot water and the water heater quit working 9 days ago. So we have neither heat or hot water. The landlord sent a plumber over to try and repair the system, but by his own admission, it's beyond his capabilities. I called a buddy who is a commercial HVAC tech and he hooked me up with a guy that feels confident he can repair it.

    My landlord doesn't want to use him, he just sends the same plumber over to change out parts.

    My question is, after 9 days of no heat or hot water, what are my legal options? I'm pretty patient and understand things happen, but it's cold and 9 days is long enough.
    Thanks for any advice.
     
  2. mcdougmd

    mcdougmd Frontiersman Supporter

    Supporter

    40   0

    Messages:
    597
    Likes Received:
    471
    Joined:
    Feb 14, 2011
    Location:
    Thomasville, GA
    Rating
    100%
    Ask the small claims court judge or a lawyer.
     
  3. palmettomoon

    palmettomoon The Hen that laid the Golden Legos Supporter

    Supporter

    77   0

    Messages:
    20,134
    Likes Received:
    37,307
    Joined:
    Jul 1, 2010
    Location:
    Macon, Georgia
    Rating
    100%
    I'm not sure about GA but in Chicago you can withhold rent in the amount of a repair that you contract for if the landlord won't. Georgia law may favor neckbeard landlords and slumlords, YMMV.
     
  4. BIKER13

    BIKER13 The Hen that laid the Golden Legos

    797   0

    Messages:
    62,493
    Likes Received:
    69,567
    Joined:
    May 19, 2010
    Location:
    Lake Lanier 30506
    Rating
    100%
    then he will throw you out
     
  5. Peanut Butter

    Peanut Butter ODT Junkie!

    35   0

    Messages:
    1,038
    Likes Received:
    858
    Joined:
    Dec 5, 2016
    Location:
    Covington
    Rating
    100%
  6. sparked1

    sparked1 The Hen that laid the Golden Legos Supporter

    Supporter

    155   0

    Messages:
    14,278
    Likes Received:
    6,416
    Joined:
    Mar 15, 2011
    Location:
    NE GA
    Rating
    100%
    A house fire generates a good amount of heat.
     
  7. MegaFan

    MegaFan ODT Junkie!

    40   0

    Messages:
    1,358
    Likes Received:
    1,387
    Joined:
    Dec 27, 2013
    Location:
    ATF Dual Resident, West Ga/East Alabama Weekends
    Rating
    100%
    This is not legal advice but, having been involved in real estate for more years than many on here have been around, I will offer a reference.

    Failing to make repairs can lead to an often used term/condition known as “constructive eviction”. If a landlord fails to make needed repairs, and a tenant decides to move out because of the failure to complete the repairs and make the unit “habitable”, constructive eviction may be used to go to court if the landlord decides to sue for any remaining rent.

    Been there, done that, on both sides of the law.
     
    MacTavish and Mr. Goodbar like this.
  8. Kahrnut

    Kahrnut The Hen that laid the Golden Legos

    121   0

    Messages:
    16,157
    Likes Received:
    15,349
    Joined:
    Jan 22, 2017
    Location:
    Dallas, Ga.
    Rating
    100%
  9. The Old Jaybird

    The Old Jaybird ODT Junkie!

    15   0

    Messages:
    2,301
    Likes Received:
    3,012
    Joined:
    May 16, 2016
    Location:
    Winder, Georgia
    Rating
    100%
    Not a lawyer, don't know if this would "fly", but I would tell the landlord that you are going to withhold a proportional amount of rent for every day you are without heat/hot water. Use the "constructive eviction" language above. You pay your rent for quarters that are livable, it isn't livable, therefore no rent is due.

    Had a similar deal with my son and grandson renting a house from "American Homes 4 Rent" about 5 years ago, cold weather and furnace died. He argued that it was unsafe for his minor son, they fixed it with new furnace, then raised his rent on the annual renewal enough that they would recoup the price of the furnace in a year. He moved then.
     
  10. TresMonos

    TresMonos The Hen that laid the Golden Legos Supporter

    Supporter

    119   0

    Messages:
    10,650
    Likes Received:
    19,182
    Joined:
    May 17, 2010
    Location:
    Peachtree Corners, GA
    Rating
    100%
    It comes down to the lease.....what does the lease say about the Landlord's responsibility to maintain the property?
     
Loading...
Thread Status:
Not open for further replies.

Share This Page