Re: OT: Anyone a landlord?

Having had a few landlords who didn't seem to care about repair issues in my life, I should hope there are provisions. I understand that often it is extremely hard to evict someone, even when they are not paying rent, possibly particularly if they have children. I don't think that's right, either. One of my landlords actually got into a lot of trouble with the City of Portland, I believe, years ago, though that's not where I rented from him.

Sandi wrote:
<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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