Several questions to this situation. The apartment I lease: has changed ownership , as has the entire complex.
The new owners want to add adendums to their advantage in th middle of my active lease term that both parties have signed. The current management company is the same that signed the lease.
Also; the new owner has turned the property into an active construction site with carpenters, tree removal, landscapers, painters, electricians, multiple construction dumpsters, porta potties, wood chip piles, piles of wood all over the place, pieces of scrap wood, caution tape wrapped on various sites all over the complex
During the day numerous equipment trailers, vehicles, mud, no silt retraints around removal area and various demands from the management to comply with project needs. Can I get out of my lease in Ga due to constructive eviction?

They can ask to make changes but you don't have to agree to them. They are required to honor the lease.

Have you asked them if they will let you out of the lease? Have they given a time table on when the construction will be done?

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The new owners want to add adendums to their advantage in th middle of my active lease term that both parties have signed.

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Both parties? Did you sign the addendum (You are one of the parties to the lease.)? If not, they cannot enforece it against you.

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Also; the new owner has turned the property into an active construction site with carpenters, tree removal, landscapers, painters, electricians, multiple construction dumpsters, porta potties, wood chip piles, piles of wood all over the place, pieces of scrap wood, caution tape wrapped on various sites all over the complex
During the day numerous equipment trailers, vehicles, mud, no silt retraints around removal area and various demands from the management to comply with project needs. Can I get out of my lease in Ga due to constructive eviction?

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Maybe, if all of this significantly impairs your quiet enjoyment of the leased premises. Is the caution tape wrapped around common areas which you would normally be entitled to use as amenities of the place? Does the lack of silt restraints actually impair your use of the facilities? Some places require it (for some reason) and a complaint to the building code enforcement officials might remedy that problem.

They can not just change the lease, you can merely inform them that these are not part of the current lease,

*** you did not say what the changes are.

They are also allowed to do construction, do updates, build new buildings and so on. As long as they comply with zoning and noise laws.

They were busted for clear cutting the trees without a permit... there is no evidence of any orange building inspection cards displayed for inspectors to sign off on after the normal 25... 50... 100 per cent inspection process. No demolition permits have been displayed.
The epa requires silt fencing for land diturbance and yes... there is caution tape in various areas of the common area... building material scattered all over the place... and yes there are multiple aged children in these areas... although none are mine.
Therre is quite a bit of construction noise... to the point my interior walls vibrate... includinh pictures on the walls and... pillows in my bed while I tried to sleep. The utilities are being cut when needed but without notification.
Yea... real nice and they have a straight face when they are getting their rent check.

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Originally Posted by Fr_Chuck

They can not just change the lease, you can merely inform them that these are not part of the current lease,

*** you did not say what the changes are.

They are also allowed to do construction, do updates, build new buildings and so on. As long as they comply with zoning and noise laws.

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Their lack of permits is not the issue. I have called zoning on clear cutting the trees and a stop order was issued. The other projects on site are required to have the orange 3 step inspection sign off cards clearly visible for inspectors. There are none.

I have an 8 month lease and they are now trying to collect a 350.00 non-refundable pet deposit among a lot of othe self full filling clauses. They are using form addendumsgenerated by the Ga. Apt. Association.

My inner walls of my abode have had the pics rattling on the walls to the point I had to remove display glassware. I have woken up with the pillows vibrating in my bed.. while the carpenters are doing unscheduled siding rplacement.

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Originally Posted by AK lawyer

Both parties? Did you sign the addendum (You are one of the parties to the lease.)? If not, they cannot enforece it against you.



Maybe, if all of this significantly impairs your quiet enjoyment of the leased premises. Is the caution tape wrapped around common areas which you would normally be entitled to use as amenities of the place? Does the lack of silt restraints actually impair your use of the facilities? Some places require it (for some reason) and a complaint to the building code enforcement officials might remedy that problem.

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There are two new addendums... received yesterday and my stance is that the lease enforce was signed 4 months ago. Please read other threads regarding enjoyment... they will answer your question. The property is dangerous for families with all the debree. I can't wait until I get a free nail in my tire... or foot.

Call the building dept again. If they are doing illegal construction they will be shut down.

Get other tenants to sign a letter that they need to cease and desist construction until they have posted a schedule and make notifications to affected tenants.

Or just send a letter on your own and tell them if the situation is not rectified in one week you will consider them in breach of the lease and you you will feel free to move.

I'd just slide into November without paying a dime of rent or pet deposit. Lose your deposit to Nov's rent. Leave Nov 30. That's what I would do. Of 'offer' to do that in exchange for not causing trouble, with a signed agreement to the effect. Negotiation is always first.

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Originally Posted by ScottGem

They can ask to make changes but you don't have to agree to them. They are required to honor the lease.

Have you asked them if they will let you out of the lease? Have they given a time table on when the construction will be done?

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They have no intention... they have expectations of tenants following the lease but they obviously; through their actions, disregard tenant rights contractually written.
Unfortunately the medium size management company realizes they can intimidate tenants individually, in court if they try to leave.

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Originally Posted by AK lawyer

Both parties? Did you sign the addendum (You are one of the parties to the lease.)? If not, they cannot enforece it against you.



Maybe, if all of this significantly impairs your quiet enjoyment of the leased premises. Is the caution tape wrapped around common areas which you would normally be entitled to use as amenities of the place? Does the lack of silt restraints actually impair your use of the facilities? Some places require it (for some reason) and a complaint to the building code enforcement officials might remedy that problem.

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They have used a bobcat to demolition the tennis court this week... next to a creek... epa has federal laws regarding silt fencing. They have demolished the pool gazebo structure, decking, wrought iron fencing and attached caution tape around the commercial dumpster to restrict access to the walk ways, the club house is closed - gutted for renovation, the weight room has been closed and currently will be relocated to where the leasing offices are located eventually.

The miscellaneous wood scraps/mulch piles(6ft) located all around the building, board pieces, nails, bulk stacks of freshly delivered lumber all tend to be unsafe
An left unattended or barriared for pedestrian safety, especially in the dark... basically this place looks like a bomb went off and not only did they mention going up in rent 20% with a renewed lease but trying to get a 350.00 pet deposit addendum among other things during my active current lease... and no I refuse to sign them and my stance is I already have a finalized agreement signed 4 months ago.

If you do it right if they take you to court you will win. But you have to document that they have violated the lease and that you have askedthem to repairthe breaches and that have not.