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Can my landlord evict for calling code enforcement and complaining

Jonesboro, GA |

I have been complaining about the heat and the air not working and also about the mold that inside of the kitchen cabinets I was wondering can you evict me for complaining.. Rent has been paid on time very month and has never been late..

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Attorney answers 2


Without knowing all the facts here, I can say that you can't be evicted for simply defending your right to quiet enjoyment of a dwelling with safe and habitable living conditions. You'll need to consult your lease agreement if applicable -- the terms of your lease will dictate whether you can be evicted. But again, generally, you cannot be evicted for simply bringing items to you landlord's attention. If you believe your landlord is not maintaining your unit in a safe and habitable manner, you may be able to take action under Georgia law. In that case, an experienced attorney will help you sort this out.

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You cannot be "evicted" for reporting a landlord to code enforcement or for complaining about repairs. Your lease, however, may have a termination provision in it that gives the landlord (and you, as the tenant) the right to terminate the lease "early" - before the term of the lease expires. Early lease termination provisions typically compensate the non-terminating party. For example, if a lease has an early termination provision in it, a landlord can decide, "I would rather just pay the tenant and terminate this lease early." I think your real concern is not whether the landlord can "evict" you, but whether the landlord can terminate the lease, which can lead to the landlord trying to evict you if you stay in the premises after the lease is terminated.

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