Berkshire on Medlock Bridge formerlythe Alexander
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Breach of Express Warranty of Habitability
From: -Anonymous-Date posted: 9/18/2006
Years at this apartment: 2006 - 2006
The landlord; according to O.C.G.A 44-7-13, O.C.G.A 44-7-14, as well as by paragraph 23 in their lease, must keep the premises in repair. When the lease states they maintain the premises, this is an express warranty of habitability. If they do not, they are liable for any damages that result from this failure.
I had experienced two consecutive months of maintenance failing to adequately make repairs. First my a/c was out off an on for a total of 14 through the months June-Aug 2006. This would only be the time when you use your a/c the most. In addition, we also had heatwave conditions throughout the country were people were losing their lives. After repeated requests, they finally gave me a new a/c unit and two weeks off my rent.
In April/May of 2006 my ceiling was breaking away. I reported this and they painted over it. The cause of the ceiling breaking away was due to a leak. I asked an employee in the office if the leak was fix because I can't tell with the new paint. She said the technician was a contractor and wasn't sure. After this, I couldn't tell either. It appeared to be fixed, but in hindsight, it was only painted over. Fast forward to August 7, 2006. I report my ceiling is leaking and mold is developing. I also found a leak underneath my sink. These leaks developed mold and I informed the complex of both issues. They did not fix it. During the entire month of August, I tried to get them to fix it.
After doing some research, I learned that mold can be toxic and especially harmful to children or persons with allergies. Primarily because mold is an allergen. I informed the complex about my daughter's condition and to please remedy the situation. About a week later, their remedy was to take two boards, nail them on top of the moldy board, caulk them down, and spray paint over it.
My daughter has allergies, and after a trip to the allergist, found she is allergic to mold. An allergy test consist of having your skin punctured (much like a PPD test) and being injected with different allergies. Imagine how that makes an 8yr old feel. I also had the mold tested $300, and the results showed several types of mold. One of those types was the toxic strain Stachybotrys.
I hadn't been staying there for almost two weeks prior to the results returning from the mold test, and moved out two days after receiving them.
I wouldn't recommend anyone to stay here. Maintenance doesn't fix anything in a timely manner, and will do their best to cover up their inadequacies even if it is at the risk of the tenant's health.
It is imperative that every repair request be made in writing and kept for your records. This is beneficial when you have to take your landlord to court. I broke my lease as per the advise of a lawyer, and currently am trying to recover all my expenses because of this move.
They only wanted to offer me, after my first rejection $800 , when the cost of my inconvience (documented correspondence, pictures, & receipts) is fast approaching $6K.
Don't move here
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