Re: OT: Anyone a landlord?


<clj1219@xxxxxxx> wrote in message
news:1125197999.994590.319220@xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
> Unless this friend is an attorney, I wouldn't put much stock into their
> answer. Of course, YMMV. In Georgia, the only state with which I am
> somewhat familiar with landlord/tenant issues, states that there can be
> late fees, starting as early as the close of business on the day the
> rent is due.
>
> We gave our tenants 3 days grace period and even waived the late fee if
> they notified us by that time that they would have it within 2 days.
> We had tenants for 12 months and only assessed a late fee twice.
>
> As for the electrical issue, it may be different where you live, but
> withholding rent in order to get something repaired is a no-no in
> Georgia. We recently lost a client who had to close their business
> when they withheld rent payments to their landlord because the landlord
> refused to make repairs, which they claimed the tenant caused. A judge
> sided with the landlord and gave the tenant 7 days to move out. The
> judge told our client that had they continued to pay the rent when and
> as due, they could have forced the landlord to make repairs. Since
> they withheld rent, they were in violation of the lease agreement and
> the landlord was well within their rights to have the tenant evicted.
>
> Governing body: there should be something along the lines of landlord
> & tenant boards. Possibly under the direction of commerce, possibly
> under the direction of housing. Check your state's online information
> and you would have a better idea of who governs this issue and who to
> contact locally. There also might be a good explanation of the law.
> Well, OK, a decent explanation of the law.
>
If your client had withheld the rent and placed it in escrow, or used it to
make the repairs themselves after notifying the landlord, the result may
have been different for them. Of course, check with a local lawyer, YMMV,
etc., all the usual "this isn't advice" disclaimers, but most states have a
provision for withholding rent if it's done properly.

Sandi


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