My question involves landlord-tenant law in the State of: GA
Ok. My first lease ever, I got this house. Guy seemed nice and I wasnt sure all what I was supposed to do. We walked around the house, me pointing out defects/broken things and him going "Ya ya it'll get fixed." It never did. I lived there from Jan. 08 to Nov. 10. Finally I had enough and moved out. We met up to give keys back and he says "Oh by the way, I think you still owe me like $4000 from two years ago. You were behind two months. Then you were behind another two months last year. So get back with me later to work out payment." Now I paid rent on time, on the 15th (when he said he wanted it) every month. So I told him that I didnt owe him anything and he is lucky I am not sueing him, he kinda said "F you buddy! You owe me $5000 ($1000 more than he told me before)! Your gonna hear from my lawyer!" So I ask my grandfather (whos a judge) what to do, he told me to write up a letter and here it is:
" To whom it may concern, I, John Doe, have moved out of the house located at HOUSE, of my own will and not forcibly or at the eviction notice of the landlord of said property, David Doe of HIS HOUSE, on this the 19th of November 2010. I have chosen to move because of careless neglect of said property and the items below:
1. Lease started in January of 2008, and expired on February of 2009, therefore proceeding on a month-to-month basis. The lease was never renewed, despite my constant urging.
2. Receipts were never given for rent paid, despite mine and occupants (Charles occupants name) constant requests.
2b. I asked landlord if I could send checks to his address, he told me no, that he preferred cash given to him in person.
3. The roof has and always had a leak in it (refer to pictures and video proof), causing mildew and mold build up around outside perimeter of house and interior rooms.
3b. This caused a health risk to occupants as well as guest, which included children.
3c. Tenant 1 and I have asthma, the mold and mildew agitated our conditions.
3d. House was never inspected for leaks in roof by landlord, at my request, in January of 2009, and again in August of 2009.
3e. Occupant 2 had to be taken to the hospital in August 2009 after getting sick and having respiratory problems; doctors at Memorial Health said it was caused in part to the mold and mildew caused by the leaky roof.
3f. On two separate occasions I had the house cleaned professionally due to the mold and mildew (see receipts) caused by the leaky roof.
3g. This is proof of unsafe conditions, which would make the lease null and void 30 days after landlord was requested to fix said leak.
4. There were several exposed wires (see photo and video proof) throughout the house that were in that condition when I moved in, Landlord said they would be fixed or covered. They never were.
4b. Several of these exposed wires did not have a mounting bracket to place a cover.
5. No fire alarm. The fire alarm was absent at move in, the Landlord told me he would replace it, he never did.
6. The sliding glass rear door had a broken lock, the Landlord told me to use a stick. I asked him to fix it and he said he would, it never was repaired.
7. Two of the windows in the house did not have locks on them, I asked Landlord on two separate occasions to fix them, he said he would and never did.
8. According to our lease agreement the Landlord was responsible for Lawn Care and upkeep. In the three years I lived there the Landlord performed lawn care a total of three times. I took care of the lawn when he neglected to do so, with a lawnmower that he conveniently placed at the property.
8b. On two separate occasions, after my urging, he came to said property to “trim” the bushes. He decimated the landscape in such a way, out of anger, that made the property an eye sore for the local community (see picture and video proof).
9. In February of 2008 the electric oven malfunctioned (see photo and video proof). I immediately told the landlord and he said he would send someone. Over the past 33 months I, as well as occupants, have asked Landlord to fix the oven on numerous occasions. He never repaired or replaced the oven.
10. In May of 2009 the electric water heater malfunctioned, I called landlord immediately and informed him. He told me he would send someone, however, based on experience with the oven I asked if my brother BRO (at that time an electrician) could come look at it. I asked that if he could repair it could we take the cost of parts out of the rent. He said no. The occupants and I went three days without hot water, on the evening of the third day I had my brother, BRO, come to the house to repair the water heater. He repaired the water heater at my expense.
11. In July of 2010 I had an attempted break in, Police were called. I asked the landlord to repair all the spot lights and car port light, all of which were in disrepair, because I was worried about the safety of the occupants and myself. He repaired two out of six lights, one of which the wires are still exposed (refer to photo and video proof).
12. The gas heater had exposed wires and a broken pipe (refer to photo and video proof) which allowed rain water to accumulate on top of the unit, I asked Landlord to fix exposed wires and pipe as well to inspect the heater to see if it was safe for use. He never did, and I have no experience with gas appliances. I relied on landlord to inspect it so the occupants and I could have heat during winter. Landlord never fixed neither exposed wires nor broken pipe, or inspected or had someone inspect gas heater. No heat in house for two winters, winter 2009 being a record breaking cold one.
12b. This is also unsafe conditions.
13. The faucet in the master bathroom was malfunctioning upon move in. Cold water would not run through it, only hot. There was a bucket placed under leaky pipe under sink, however no repairs were made to the faucet.
14. The faucet in the kitchen was malfunctioning, I asked land lord to look at it. He said he would but never did. It would inadvertently come apart while water was running through it.
15. On move in one of the side bedrooms was missing the air vent cover (see photo and video proof), the mounting bracket was absent, it was never replaced.
All of these neglects and more were discussed at one point in time during the duration of lease and month-to-month basis period, by the tenant (ME) or an occupant and the landlord (HIM.) either in person or over the phone. No written notices were given because of these verbal agreements.
Rent was paid on time, as no late fees were ever charged nor a Landlord Demand Letter ever received. The lease was fulfilled, as no eviction notice was given.
These neglects are inexcusable, and unacceptable. As a Landlord it was HIS duty to uphold the law and codes of the great state of Georgia, and provide a safe and acceptable place to live. These duties not being performed, and for my own safety and well being, I am forced (constructively evicted) to find a more suitable place to live. My person and possessions as well as all occupants and their possessions have vacated said property on this the 19th day of November 2010, before agreed upon date with landlord, the 1st of December 2010.
Signed:_________________________________________ Lease Holder Date:___________
Witness:_________________________________________ Occupant Date:___________
Witness:_________________________________________ Occupant Date:___________
Witness:_________________________________________ Occupant Date:___________ "
I took digital photos of everything as well as HD video, I have receipts for alot of things. Everything was said between us men so I didnt know that I needed to do it in writing. I need help guys. Never been in a courtroom even. He cant prove that I "owe" him anything, however I cant prove that I did pay him, he never gave receipts. HE also owns some kind of construction business, could the IRS get involved? The mold: Its everywhere. Not just in the bathrooms, but on windows, window seals, the outside perimiter and even the air vents!! Now for a good 5-6 months I was sick, calling out of work due to headaches and flu-like symptoms. However I thought it was allergies. My mother came over and said she could smell the mold and mildew, we used one of those Mold test things from Home Depot and it tested positive for mold. Thats when I told the landlord about it and asked if he wanted it in writing, he said no, that his word was good enough. That was in August of 2009 when Tenant 2 also got taken to the hospital and they told her that mold COULD cause her to get sick. When I first moved in I asked him to have someone inspect the roof, because you can see rotten wood under the car port. In August 09 after learning that the mold was dangerous I paid $150 for a company to come and clean the house and they bleached the walls, I had them come again 6 months later (the mold had grown up again). The gas heater: when it rained, water would come down this pipe and pool up on top of the heater, there were lots of exposed wires, and a bent/broken copper pipe. These seemed dangerous to me and I asked him to fix it, once in Nov 08 and again in Oct 09 when it started to get cold. He never did, even though he said he sent someone to fix it. I did not get the gas turned on because of this. I did go and buy some space heaters though. I have lots and lots of pictures of all the things mentioned in this post. I am not really worried about him sueing me for $4000-5000, more so if I have a strong case against him if I should choose to sue him for these inexcusable damages and neglects. I have refrences from my grandfather the judge, a business owner, and a mayor all of whom Ive lived with and paid rent on time.

