My landlord is not making repairs as he should. What can I do?
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First, you should send the landlord a written, dated notice to let him know of the exact repairs that are needed. Be sure to follow the lease provision about how to give notice to the landlord of needed repairs. If the landlord fails to make the repairs within a reasonable time after written notice, you have three options:
1. Repair and deduct: Give your landlord written notice that you intend to have the repairs done yourself and to deduct the cost of the repairs from your rent. Have the repairs done by a competent repair person at a reasonable cost. Keep copies of all repair receipts as well as a written statement of the work performed and the problem corrected. Deduct these repair costs from your future rent by sending copies of the repair receipts along with the remaining amount of rent due to your landlord. This is the easiest and safest option for the tenant who wants to fix the problem without a lawyer. If you are renting the apartment month-to-month without a written lease, you should not spend more on the repairs than you can deduct in 60 days, because the landlord can terminate your lease with 60 days notice.
2. Damage suit: The tenant can sue the landlord for damages caused by the landlord?s failure to repair.
3. Recoupment to rent action: The tenant can get an expert to estimate the amount of value that has been lost due to the unrepaired premises. The tenant can deduct that amount from the rent that is due each month. If the landlord sues the tenant to recover that money, the tenant can bring a counterclaim of ?recoupment to rent.? This is a more complicated option that should be used only by an attorney.
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Tenants' Rights As a tenant, you have rights, but you also have responsibilities. For your own protection, there are some things you need to do before you even sign the lease, while you are renting and when you move out. There are also things you need to know if your landlord tries to evict you.
By: Atlanta Legal Aid Society
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Water and Electric Service in Rental Property
This document answers common questions about utilities charges and services in connection with rented property.
By: Georgia Legal Services Program
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