Tenant Rights Breach Contract
Summary
The tenant signed a lease agreement for a property in Atlanta, Georgia, but was informed by the landlord that the property was not ready for move-in due to a squatter. The landlord did not provide any written notice of this change, nor did they provide any written documentation when requested by the tenant. The tenant has not taken any action yet, but is considering seeking legal consultation. The tenant was advised to document all communications with the landlord and to seek temporary housing while resolving the issue.Full Conversation
Hello, my boyfriend and my German shepherd are moving from Washington to Georgia. We signed a lease for a property in Atlanta with resihome that started on the 1st of this month, we've spent about * grand on this house so far with the rent, deposit, and fees. They called us this morning, and told us they neglected to sweep the property prior to moving in even when the lock system reported an error last week. They found someone squatting there, and told us we can't move into the house we signed a lease for for 3 months. My boyfriend is attending Emory University for a doctorate in physics, so we have to be in the area. I also have an ESA German shepherd with me so it's pretty stressful not having a safe cold environment for her moving to Georgia. They told us they could pay for extra days for our Uhaul if needed, and would off *$ rent discount off any properties on the market today. My issue is this property has very tall fences, which are hard to find and more comfortable for my sized dog. Is there anything we can do in regards to the property? Like I said, we signed a lease that started on the 1st and have invested so much already into this home. It's very jarring to say the least to get a call from a property manager while moving across the country saying we no longer have the property we paid and signed for
Did you receive any written notice about this change from the property management company?
No
What does your lease agreement say about the landlord's obligations and your rights in case the property is not available for move-in?
Should I seek legal consultation for the issue with the Atlanta property?
What is the specific issue with the property? Knowing the details will help determine if legal consultation is necessary.
my boyfriend and my German shepherd are moving from Washington to Georgia. We signed a lease for a property in Atlanta with resihome that started on the 1st of this month, we've spent about * grand on this house so far with the rent, deposit, and fees. They called us this morning, and told us they neglected to sweep the property prior to moving in even when the lock system reported an error last week. They found someone squatting there, and told us we can't move into the house we signed a lease for for 3 months. My boyfriend is attending Emory University for a doctorate in physics, so we have to be in the area. I also have an ESA German shepherd with me so it's pretty stressful not having a safe cold environment for her moving to Georgia. They told us they could pay for extra days for our Uhaul if needed, and would offer *$ rent discount off any properties on the market today. My issue is this property has very tall fences, which are hard to find and more comfortable for my sized dog. Is there anything we can do in regards to the property? Like I said, we signed a lease that started on the 1st and have invested so much already into this home. It's very jarring to say the least to get a call from a property manager while moving across the country saying we no longer have the property we paid and signed for
Did the lease agreement you signed with ResiHome include any clauses about property readiness or unforeseen circumstances preventing move-in?
No
What does your lease agreement say about breach of contract? In general, if a landlord fails to provide the rented property, they may be in breach of contract.
Let me check
What did you find in your lease agreement about breach of contract?
I couldn't find anything about the lessor breaching contract. The only thing mentioned was if the lease is terminated by the lessor early they must give us written notice and 60 days, neither of which were provided
What actions have you taken since discovering the lessor's breach of contract?
In general, tenants may have the right to sue for damages due to a landlord's breach of contract.
In general, tenants may have the right to sue for damages due to a landlord's breach of contract.
None yet. We are trying to determine if we should seek legal consultation
What was the communication method when they informed you about the issue with the property? It's important to have written records of such conversations.
Phone call
Did you record the phone call or do you have any written proof of their commitment to the lease and the subsequent breach?
I have a signed lease agreement, we asked them to send a written document over with all of the property information and issues over the phone.
Did they send you the written document with all the property information and issues as you requested?
No
Did you ask them to send the written document via email or any other traceable method?
Yes via email
Did they respond to your email request for a written document detailing the property issues?
No
Have you considered sending a formal letter to the property management company outlining the situation and your concerns?
We are moving across the country and have now become homeless due to the incident, so no
Have you considered seeking temporary housing or shelter while you resolve this issue? It's important to ensure your immediate safety and comfort.
Yes, should we contact a lawyer regarding this issue?
Yes, contacting a lawyer would be beneficial. They can help you understand your rights and potential remedies under Georgia's landlord-tenant laws.
Thank you!
You're welcome! If you need further assistance, feel free to ask. Remember, it's important to document all communications with your landlord for future reference.