What are my options when facing eviction due to reasonsI was not notified about?

We are being threatened with eviction because we had a $200 violation that we were not notified about until over a year later when the the late charges accumulated to over $500. We have tried to get in contact with our property manager and have been met with rudeness and sarcasm and have been told that they don’t have time for us. They have consistently been rude, have a lack of communication, and do not respond to repairs in a timely fashion.

Asked on August 23, 2011 Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Unfortunately, a landlord is not required to act on a debt immediately, but may wait until later. That said, if the reason the charges have accumulated is that you were not put on notice of a continuing problem, or they are  interest fees or late charges or penalties for not having resolved the original problem, there is a good chance a court would not allow them since you were never given an opportunity to correct the situation. That would still leave you with the original amount owed, which itself could support eviction is it is unpaid rent or additional rent, or represented some other material lease violation. You in turn may have a counterclaim or an offset against the landlord, if there are important repairs affecting habitability which were never done. You therefore may have defenses or claims of your own. You should consult with an attorney about the specifics of your situation, and if you cannot afford an attorney, try contacting Legal Services.


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