QUESTION

The house I am renting has mold and landlord will not correct but will not let me break brand new lease I just signed on 10-3

Asked on Oct 24th, 2011 on Real Estate - Georgia
More details to this question:
I fear for my 2 kids. House was built before 1978. Willing to take to court if need be
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1 ANSWER

Business Law Attorney serving Atlanta, GA at Stout Kaiser LLC
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In Georgia, there is a concept of constructive eviction.  Generally speaking, if the premises are unhabitable then you are allowed to break your lease.  However, for you to be successful you must actually move out.  I would suggest that you document the problem in writing and with pictures.  You should send a letter to your landlord along with the pictures stating that you are unable to live there due to the mold problem.  Send the letter certified mail, return receipt requested and regular US mail. If the Landlord sues you for the rent then you would have a counterclaim.  If the Landlord does not sue you then you will need to file suit against the Landlord in Magistrate Court to get back your rent and security deposit.  The Magistrate Court is generally user friendly and most courts have preprinted forms to assist you in filing a claim.    
Answered on Nov 08th, 2011 at 1:20 PM

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