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    ohioguy43534's Avatar
    ohioguy43534 Posts: 2, Reputation: 1
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    #1

    Jun 23, 2008, 01:59 PM
    Landlord not upholding lease agreement
    I am very curious when it comes to a lease and the terms listed... We have rented a home here in Georgia and according to our lease the amount we are paying is for the use of the entire property. Once we had signed the lease and moved in, we realized we did not have a key to open a rather large portion of the house off the garage. When I asked the property manager about this, I was told that the area was being used for storage by the homeowner and I did not have access. I am at the understanding that this would put my landlord into a breach of contract because there was no mention of this in the primary lease or any kind of attachment saying this portion of the home was not included in the rental of the property. What really bothers me is the fact I am still paying full rent and they have stalled for 3 months now claiming that there has been no response from the property owner on cleaning out the area or lowering the rent. Is there any action I could take on this and possibly even get my money back and relocate?
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #2

    Jun 23, 2008, 02:09 PM
    Hello ohio:

    Well, once your money leaves your hot little hand, it's HARD to get it back. That doesn't mean you should lose more.

    I don't know if it's the owner or the manager, but it doesn't matter. Write them a certified letter. Tell them that are in breach of the lease for the reasons you outlined. At this point in time, I wouldn't give them MORE than 10 business days to cure the breach. If they don't, they may consider your letter your 30 day written notice to vacate, and you will SUE.

    Send copies to everybody involved. If they don't comply, move, and sue 'em. If they have already breached the lease, then there IS no lease, and you are released from your end.

    excon
    progunr's Avatar
    progunr Posts: 1,971, Reputation: 288
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    #3

    Jun 23, 2008, 02:15 PM
    Quote Originally Posted by excon
    Hello ohio:

    Well, once your money leaves your hot little hand, it's HARD to get it back. That doesn't mean you should lose more.

    I dunno if it's the owner or the manager, but it doesn't matter. Write them a certified letter. Tell them that are in breach of the lease for the reasons you outlined. At this point in time, I wouldn't give them MORE than 10 business days to cure the breech. If they don't, they may consider your letter your 30 day written notice to vacate, and you will SUE.

    Send copies to everybody involved. If they don't comply, move, and sue 'em. If they have already breached the lease, then there IS no lease, and you are released from your end.

    excon
    YEP!

    That is what I would do too, unless you really don't want to move?
    George_1950's Avatar
    George_1950 Posts: 3,099, Reputation: 236
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    #4

    Jun 23, 2008, 03:01 PM
    In addition, estimate the amount of square footage your are not getting; usually, the total square feet of a home is available on the tax appraisal (county courthouse). Divide what you are now using by the total and deduct the percentage you are not getting from your next rent payment. Put it into "escrow"; you may be able to pay it into the registry of the court, after you are sued for nonpayment of rent. After you are sued, file an answer with all this detail, and let the judge decide.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #5

    Jun 23, 2008, 04:03 PM
    When you viewed the house and walked though it, what was said about the locked rooms you could not view at that time?
    ohioguy43534's Avatar
    ohioguy43534 Posts: 2, Reputation: 1
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    #6

    Jun 23, 2008, 04:54 PM
    When we did the walk through, we were told it was an extra storage room on the home, never mentioned storage by the owner of the home at all. During the walk through the property manager never once said that the room was not included, also like I mentioned nowhere in the lease does it state the room is not included.
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