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Brian Cord Bush

Brian Bush’s Answers

2 total

  • How do i know if the house i live in is rentable?

    Brian’s Answer

    Parsons is correct. The best thing to do is correct the problems identified by the county License and Inspections Dept. Some landlords do not have the funds to do that, and they will take the "bandaid on a bullet wound" approach. This might allow you to move out of your house and rent it to someone else, but then you are taking the risk that the tenant would have the county inspect it, then you would be forced to repair it anyway. You would also subject yourself to liability for damage to persons or property caused by the deficient condition of the premises. We sometimes see landlords try to shift the burden of repair and maintenance to the tenant in the lease, with varying degrees of success.

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  • A couple paying $1600. monthly signed a two year lease for 03/01/12. Moved out July 6 after paying July rent.

    Brian’s Answer

    • Selected as best answer

    I am Brian Bush, licensed in GA and SC. You do have the right to sue them for breaching the lease. SInce it sounds like you have re-rented it for a year, you should base the damages on the next 12 months. They owe you for all of August ($1,600) and for the difference in rent for the next 12 months ($200 X 12 = $2,400). So the amount you should sue for is $4,000. It sounds like they have surrendered possession, so you dont have to evict them. You will need to file suit in the state and county where the defendant resides. You dont have to get it all at once. You can work out a Consent Judgement where they make payments. If they dont make the payments, the judgement should be converted to a Default Judgement relatively easily. If they live in SC, your ability to collect will be diminshed. However, GA is a "creditor friendly" state, so you could do a bank garnishement or employement garnishement, as well as other remedies. Let me know if I can be of assistance.

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