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  1. #1
    Join Date
    Jul 2012
    Location
    Georgia
    Posts
    3

    Unhappy Landlord Denied Access to Property and Broke Our Lease

    My question involves landlord-tenant law in the State of: Georgia

    Relocated from DC to GA and viewed property June 12, available for move-in July 1. Rec'd lease on June 25, signed, fwd security deposit $1400. Rec'd email afterwards on June 25 that I couldn't move-in until July 18. Told LL I would move-in July 20. Contacted by current tenant June 27 that I needed to transfer electric into my name. Contacted LL and asked about this request, LL said yes, please transfer service. Told LL no, not until I move-in property. Contacted LL on July 19 about signed lease, keys, etc. LL said would put key under mat around 10:00 on July 20. Contacted July 20 at 12:30 AM, LL said property is not ready, could not move-in until July 21 after 10:00. Shocked, upset, had to call movers, charged $150 fee for changing times (out-of-town move.) Notified LL, I had to move in NLT 7:00 AM, if there were going to be anymore delays then I wasn't going to move-in until August 1. LL said property would be ready by 8:00 AM July 21. Arrive at property at 9:00, no key under mat, contact LL by phone (all other communique via email) ask about key, told doors unlocked, she would come by later and drop off the key. Go inside, shocked. Tools all over the floor in the LR, furniture in LR, personal items, cleaning supplies, garbage cans, pots/pans on deck. Leave and come back in 30 minutes to see if LL is there. LL in the middle of the street, I park my car, LL leaves. I go inside property, a handyman is inside, fixing the door, stripping the floors, and staining the hardwood. Mind you, the LR is the only way to go upstairs. I ask about the key and was told by the handyman, LL said just leave doors unlocked and she would come back later. I began looking around even more: fridge/freezer full of food, dishwasher/cabinets dishes, bathroom, shower curtain/trinkets, and property clearly had not been cleaned. I go back to the handyman and he asks me if I was moving in, I reply yes, and he informs me he is getting ready to stain the floor and it needed several hours to dry (I was floored...no pun intended.) I contact LL and left vmsg.

    Leave and come back in 30 min, LL in yard raking. I asked did she receive msg, she says no. I began to tell her that I am concerned b/c the property is not ready for move-in. She stops me and states the following verbatim, " I think it's best we part ways, b/c I don't like your attitutde. You haven't moved much in anyway, so there should be no problem. I don't want you in my property." I don't say anything, except, "Fine, what about my security deposit?" LL replies, I have to think about that. I remained calm, b/c now I'm thinking this person is crazy. I tell her she has no right to keep the deposit and she asks me to send her an address and she will return the deposit in full. I immediately go to my car, memorialize the series of events, her comments, and the address to mail the money. I tell her she breached the contract and has 5 days to send the $$. She does not respond or say anything. I did not receive the $$, contacted LL today via email and she tells me I made a unilateral decision to break the contract, she wasn't returning my $$ and the rent for a year. I responded that her account of events was inaccurate and I would pursue legal actions against her in small claims.

    HELP What are my rights...I am exhausted with this and have never dealt with anything so unprofessional in my life. Moving alone is stressful, and requires planning/organization and her actions have been absurd. I will take any advice available. What have I gotten myself into.

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Landlord Denied Access to Property/Keys/Broke Lease

    what did your lease say to date of possession?

  3. #3
    Join Date
    Jul 2012
    Location
    Georgia
    Posts
    3

    Default Re: Landlord Denied Access to Property/Keys/Broke Lease

    date of possession was July 20, 2012

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Landlord Denied Access to Property/Keys/Broke Lease

    If she could not deliver possession of the premises by the date in the contract, she has breached the contract. I would send her a letter (certified, return receipt requested) stating that due to her breach of the contract due to her inability to deliver possession to you on the date required in the lease and due to her statement she wishes to rescind the contract (" I think it's best we part ways, b/c I don't like your attitutde. You haven't moved much in anyway, so there should be no problem. I don't want you in my property."), you expect a full refund of all money within [whatever time you are willing to put on it]. If she fails to refund all of the money, you will have to sue her.






    she wasn't returning my $$ and the rent for a year.
    what's that about the rent for a year? Did you pay the entire year?

  5. #5
    Join Date
    Jul 2012
    Location
    Georgia
    Posts
    3

    Default Re: Landlord Denied Access to Property/Keys/Broke Lease

    No meant to say she wanted the rent for a year. Definitely wont happen...i do know that much.
    Nevertheless, did what you suggested a week ago, deadline was Friday.Guess I'm going to small claims court next week.
    Thx JK

  6. #6
    Join Date
    Jul 2009
    Location
    Cinnaminson, New Jersey, United States
    Posts
    205

    Default Re: Landlord Denied Access to Property/Keys/Broke Lease

    Yes, you are absolutely entitled to your deposit back. You never took possession of the unit and the LL broke the lease.

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