Landlords and tenants are commonly involved in breach of contract cases, whether it is over a commercial or residential lease. Various situations can lead to legal disputes, such as the non-payment of rent or safety issues with the rental property.
If you were harmed by another party breaching your landlord-tenant contract, or if you have been accused of a breach, reach out to a skilled lawyer for advice. At Sparks Law, our attorneys are experienced at handling many common breaches of leases in Georgia and could represent you throughout your case.
Failure to maintain property is an allegation that a tenant would bring against the landlord. This allegation means that the landlord has failed in their duty to keep the space reasonably habitable. For example, if there is black mold in an apartment, it is typically the landlord’s duty to remediate the mold because it can be very harmful to residents.
Another example involves issues with the HVAC system. If the apartment is not heating or cooling to a reasonable level, this may constitute a landlord’s breach of their lease with the tenant. A court will determine what is reasonable in this context, and there are many nuances to these types of cases. For instance, courts typically consider heating issues to be more dire than cooling issues. An experienced attorney at our Georgia office could further explain whether a specific failure to maintain property constitutes a breach of lease.
A damaged property claim is when a landlord is claiming that the tenant damaged the property or its fixtures, costing the landlord in repairs or decreasing the value of the real estate. For example, say a tenant causes a significant mold issue by failing to notify the landlord about a major faucet leak. The landlord could probably bring a claim against the tenant for damaging the property.
Other common claims involve damage to flooring, removed fixtures, or damage due to wall hangings. Residential tenants should check with their landlords and review their leases to see whether it is okay to hang things on the walls. Otherwise, landlords may take money out of the tenant’s security deposit when they move out for any wall damage. A knowledgeable local attorney could further advise on common types of contract breaches involving property damage claims.
A security deposit is a sum of money that the tenant will give to the landlord at the beginning of a lease. This is basically collateral so that if the tenant breaches their lease agreement or harms the property in some way, then the landlord can use that money to remediate the damage done to the property.
However, this often leads to disputes when a tenant wants their money back at the end of a lease. The tenant wants to argue that the property was clean and well-maintained during the tenancy, and the landlord might argue that they need to hold back some of the money for cleaning or repairs.
These types of lease disputes are also common when a tenant wants to vacate the premises early. For instance, say a tenant with a two-year lease wants to leave after eight months. The tenant will want their security deposit back, but the landlord will argue that because they are leaving early, the landlord should be allowed to keep it for unpaid rent. These situations can be complex, making it important for either party to consult a lawyer skilled at handling security deposit lease disputes in Georgia.
If you are a landlord or tenant involved in a breach of lease case, it is best to consult a legal professional. Real estate law can be difficult to understand, and a knowledgeable lawyer could help ensure that your rights are protected. At Sparks Law, our attorneys have handled countless cases over common breaches of leases in Georgia. Give us a call today to set up a consultation about your situation.