Can I withhold rent if my apartment was flooded for the second time in 3 weeks and it has not been repaired?

UPDATED: Mar 27, 2012

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Can I withhold rent if my apartment was flooded for the second time in 3 weeks and it has not been repaired?

It was the fault of the apartment complex. My furniture, clothes, and documents were damaged. Since then the walls are still wet. The complex hired an independent contractor to evaluate the damage.The contractor stated that the apartment would require extensive repairs and that mold was growing within the walls. When I complained this past weekend the sent paint crew to cover the water line but they did not fix the damage.

Asked on March 27, 2012 under Real Estate Law, Georgia


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Generally speaking, you should not with hold the rent from the landlord.  What you need to do is to go down to court asap and ask the court to allow you to pay the rent in to court until the problem is rectified.  Also ask for an abatement (reduction) in the rent for the time that the problem remains.  This is a serious issue and the courts take it seriously.  Good luck.

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