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Can I sue the landlord for the attorney's fee and breach of contract?

Atlanta, GA |

Me and my husband rented this house in fulton county; paid Nov's rent, move in date Nov 6, 2012. On Dec 21, she moved 2 older men (50 & 70 yrs old) into the house without our knowledge and collected $400 deposit/rent from them. I have an active lease with the landlord and the two men she moved in does not. She will not fix anything in the house she promised to fix, like providing cold water in the kitchen, fixing the giant whole underneath the kitchen sink and cleaning the filthy carpret the list goes on and on. What are my rights as a tenant in Atlanta, GA? The rent is current, but the men are still there and the lease is being ignored by the landlord. She tells me that the men renting out the room has nothing to do with me, my lease states otherwise.

Attorney Answers 3

  1. Look at the lease. Read it fully. Did you rent the house? Is there anything in the lease excluding you from some rooms or any reference to other usage or occupancy ? Hire an attorney and go over the lease and living conditions. You may have a cause of action and possible suit.

  2. If your lease provides that you are renting the entire house and the LL put other people in then it would appear to be a breach of your right to quiet enjoyment. It may also be illegal under the county housing laws to have that many tenants in the house. All that being said, if your landlord breached you can sue for your damages. Before filing suit, I would send a certified letter to the LL and tell them that they breached, list all of the issues and set a deadline. If they do not reply, you can sue for the breach and then have the right to leave without any financial obligatons, plus recover any damages you incurred. A good LL Tenant attorney should be able to assist if you dont want to do this on your own.

    This is not intended to create an attorney client relationship and none is to be implied either. You must contact an attorney and present all facts before you can and should act on this response

  3. Your rights are going to depend first and foremost on whether your lease provided a rental of rooms in the house or of the entire house.

    Your most logical first step will be to sit down with an attorney and a copy of your lease. Once the actual terminology is reviewed, the attorney can give you a better idea of your options for proceeding.

    I hope this information helps answer your question(s).

    ~ Kem Eyo

    The above answer is a general explanation of legal rights and procedures. It does not constitute legal advice. Nor does it establish an attorney-client relationship between the individual posting the question and the attorney providing the answer.

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