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Can You Recover Some Rent You Paid During a Time The Air Conditiner Was Broken

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  • 11-29-2015, 11:40 AM
    rnicholl
    Can You Recover Some Rent You Paid During a Time The Air Conditiner Was Broken
    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:
    1. A/C Unit Broke
    2. $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?
  • 11-29-2015, 04:40 PM
    adjusterjack
    Re: About How Likely Am I to Win
    Quote:

    Quoting rnicholl
    View Post
    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:
    1. A/C Unit Broke
    2. $80 of security deposit withheld


    Your other post

    http://www.expertlaw.com/forums/showthread.php?t=192479

    Reveals that you filed your complaint and the defendant has already filed an answer.

    To properly analyze your case you're going to have to list ALL of the allegations in your complaint, the specific amounts of money you are asking with each allegation, and why you are entitled to that money. Best to quote your complaint word for word.

    You will also have to quote the defendant's answer word for word.

    Quote:

    Quoting rnicholl
    View Post
    .
    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?

    You can "claim" anything you want, but probably not successfully. Besides, isn't it a little late to ask those questions since your case is already in progress?

    Quote:

    Quoting rnicholl
    View Post
    There is a provision in the contract waiving the right to a jury trial.

    There are no jury trials in magistrate court. See 15-10-41:

    http://law.justia.com/codes/georgia/...-10/article-3/

    Quote:

    Quoting rnicholl
    View Post

    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.

    That's "damage" not wear and tear. The $80 charge is justified.

    Quote:

    Quoting rnicholl
    View Post

    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?

    Might be an issue with the security deposit law but might not be since you appear to have just relocated to another apartment in the same complex and have an ongoing account. We'll get into that more later, after you have answered my first questions about the complaint and the answer.

    Quote:

    Quoting rnicholl
    View Post

    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?

    Yes. Your words on the check are useless. See the following article on "accord and satisfaction" and you'll learn why.

    https://en.wikipedia.org/wiki/Accord_and_satisfaction
  • 11-29-2015, 05:01 PM
    gail in georgia
    Re: About How Likely Am I to Win
    Keeping in mind that Georgia tends to be a landlord friendly state...

    You're not going to get a rent reduction on a rental unit you've moved out of.

    You're really going to waste a courts time arguing over $80? This may end up biting you in a tender spot.

    Gail
  • 11-29-2015, 08:42 PM
    Disagreeable
    Re: About How Likely Am I to Win
    Not to mention the landlord's tender spot.
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