We broke our 1 yr. lease at the apt we rented, because 1.circut breaker tripped everyday many times, the maintance said nothings wrong over and over again. 2. Our central heating/air unit was way to small for apt, causing exstreme energy bills. 3. our downstairs neighboors were "affiliated" with maintance and staff, and smoked pot, had very loud drinking parties, and threatened our son continuously. 4. I left that apt immaculate cleaner than i moved in, they are "sueing" us for a list of untrue charges. 5. The campus cop was a partier and overlooked the drug bags in parking lot, condom wrappers etc. We only left 2 months early and that was after many attempts to have apt fixed, neighbors stopped and we were retaliated against, Our some was cat fishing and hooked a huge gator,We got a threatening letter stating we would be thrown out and our son is a minor and was told that he disrespected the "cop" lady that runs things.WE had to pay unexpected moving charges, also the fence painters sprayed my car burgundy and I was given a # to call and get a free pressure wash,but got nothing, the office mangr did not fix anything.
You have a long list of thinks that made life in that complex unpleasant. However, the first six words of your post are the most criticial in my view:" We broke our 1 yr lease". In breaking that lease you made yourself liable to the landlord for breach of contract. Sounds as thought you in fact DO owe LL money.
You MIGHT have a defense to some or most of the money owed if LL failed to fullfill some obligation or warranty inherent in GA rental agreements, however you did not state any reason that generally signals that a Tenant may have the upper hand:
1. Circuit break tripped--depending on circumstances you did not post it MIGHT be a safety issue, or it might be something you caused--can't say on the limited info posted.
2. HVAC too small for apt--that would require an expert opinion--you may or may not be an HVAC expert (odds are you aren't), but can't tell on the limited infor you provided.
3. Downstairs neighbors were not the 'Nelsons'--reason to call police, but unless they presented unsafe conditions the LL knew of but ignored putting all at risk, its not grounds for you to break your contact with the LL.
4. You have a difference of opinion with the LL regarding charges--your defense is to prove those claims do not rise to the level of additional charges.
5. Campus cop being medicore in his job performance is not grounds for you to break a lease agreement with the LL.
6. Gators, catfish, fence painter issues are not grounds for breaking a lease--they MAy be grounds for seeking damages from the LL, but not breaking the lease agreement.
Bottom Line: your case is not nearly as strong as you think it is. Recommend you chat with a GA landlord tenant attorney ASAP to determine how to salvage your situation and get as much money back from the SD as you can.
READ THIS BEFORE CALLING OR EMAILING ME: I am licensed to practice before the state and federal courts in Virginia. Addressing your issue does not create an attorney-client relationship and I AM NOT providing you legal advice. You should speak with an attorney to whom you have provided all the facts, before you take steps that may impact your legal rights. I am not obligated to answer subsequent emails or phone calls unless you have hired me. I wish you the best of luck with your situation.
You can only sue someone for them having sued you in the very limited circumstance of their lawsuit having been frivolous, you having suffered damages due to their frivolous lawsuit, and you having warned them of your intention of suing if they did not dismiss their suit. Based on your own admission, you breached your lease agreement. (You broke your lease.) The fact that you had reasons for wanting to leave the premises does not automatically mean that you're entitled to such a claim.
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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