Georgetown Grove Apartments d/b/a MAA Communities
Queja 157477 Detalles

LANDLORD IS IN BREACH OF LEASE AGREEMENT.

The following letter was mailed to the landlord of Georgetown Grove Apartments and to the owners, MAA Communities. I received no reply to my letter, but rather received a bill in the amount of $2,269.43. I refuse to pay this amount because the landlord is in breach of my lease agreement. Now they have handed this over to a collection agency which is Hunter Warfield, located at 4620 Woodland Corporate Blvd., Tampa,FL 33614. I am disabled and on social security. This is an outrage because the landlord is clearly in breach of the lease and knows I don't have the money to hire a lawyer.


April 26, 2012

NOTICE OF TERMINATION OF LEASE


CERTIFIED MAIL
RETURN RECEIPT REQUESTED

MAA Communities
6584 Poplar Ave.
Memphis, TN 38138

Megan Gould, Manager
Georgetown Grove Apartments
1800 Grove Point Rd.
Savannah GA 31419

Landlord’s Failure to Keep Accurate Records of Payments and Fees.

Prior to moving into Apartment 112, tenant paid her security deposit on June 3, 2011, in the amount of $200.00. On February 9, 2012, tenant noticed an amount due on her account, via Georgetown Grove Apartment’s website (known as http://www.Georgetowngrove.com), in the amount of $200.00. Tenant wrote to landlord via landlord’s website, in accordance with the rules and regulations of landlord in an effort to find out why she was being billed an additional $200.00.

Tenant notified landlord in writing via its website, pursuant to its rules and regulations, and by phone that she paid her security deposit prior to moving in (email enclosed). Landlord telephoned tenant and forcibly argued with tenant during the morning of February 10, 2012 (prior to sending tenant an email, which is enclose); stating that tenant didn’t pay her security deposit.

Despite landlords attempt to cover up inaccuracies in landlord’s bookkeeping, as confirmed in an email to tenant during the morning of February 10, 2012 (email enclosed), Landlord telephoned tenant during the afternoon of February 10, 2012, and continuously harassed tenant verbally and threatened tenant causing tenant to fear landlord and to fear for her safety and security. Tenant has 3 witnesses who will testify to hearing landlord verbally abuse tenant.

Landlord continuously accused tenant of not paying her security deposit prior to moving in. Landlord eventually reported to tenant that landlord had made a mistake in its rental records (email enclosed) and that tenant had in fact paid her security deposit prior to move in. Landlord has also accused tenant of not paying other fees prior to move in, which tenant disputes.

Landlord is in breach of the Contract for failure to keep accurate rental records and for threatening tenant causing tenant to fear for her safety and security.

Landlord/Owner’s Failure to Maintain its Website for Rental Payments.

On November 25, 2011, tenant went to landlord’s website to pay her December rent and followed normal procedures of submitting her rent online through landlord’s website http://www.georgetowngrove.com, pursuant to landlord’s guidelines.

Tenant has paid her rent through landlord’s website since move in on July 7, 2011 and has never experienced any problems with her rent being processed, until the events which took place on November 25, 2011.

Landlord’s website system processed said payment and tenant was lead to believe her December rent had been paid. On December 8, 2011, tenant received a call from landlord who stated that tenant had not paid her rent on time, accused tenant of “forgetting to pay” her rent and threatening tenant if tenant did not pay a late fee in the amount of $85.80.

Tenant immediately reported this problem in writing (email enclosed) to landlord. Landlord refused to acknowledge that its website was experiencing technical problems and forced tenant to pay a late fee.

Tenant reported this problem to the Better Business Bureau and was chastised by landlord for doing so. Landlord refuses to admit that it failed to maintain its website and keep it free from any technical problems. However, during this period of time, owner and landlord have submitted emails to tenant stating that it was having technical problems in calculating rent and cable bills (emails enclosed).

Landlord is in breach of the Contract for failure to maintain its website for submitting rental payments.

Landlord’s Failure to Maintain Proper Human Waste Disposal Equipment.

Pursuant to the Contract, paragraph 31, landlord failed to comply with federal, state and local laws regarding safety and sanitation. Said Contract states in paragraph 31 that “if we violate any of the above, you may terminate this Contract and exercise other remedies under state statute..”. The Contract also states in paragraph 31, subparagraph (c) “if we haven’t diligently tried to repair within a reasonable time, you must then give us written notice of intent to terminate the Contract unless the repair is made within 7 days.”

Beginning in March 2012, tenant’s toilet has been overflowing and/or stopped up on a continued bases. Tenant has been experiencing problems with toilet overflows and stop ups for the past 2 months. In paragraph 31 of the Contract, it states as follows: “if we haven’t diligently tried to repair within a reasonable time, you must then give us written notice of intent to terminate the Contract unless the repair is made within 7 days.” Landlord has failed to “diligently” make repairs to its main waste disposal equipment thereby causing tenant’s toilet to malfunction for a minimum of 2 consecutive months.

Written notice was given to landlord pursuant to landlord’s instructions to notify landlord in writing via landlord’s website, under “Service Request.” Landlord has failed to maintain the main raw sewage equipment located at or near its office, causing raw human waste to overflow onto tenant’s bathroom floor. In addition, the raw human waste has saturated tenant’s floor and walls, putting tenant at a serious health risk. Tenant maintains that she fears flushing her toilet every day for fear that it will overflow onto her bathroom floor and saturating into her walls causing a serious health risk to tenant.

On or about April 19, 2012 and on April 23, 2012, tenant’s toilet overflowed; tenant reported this problem to landlord in writing and by telephone. On April 23, 2012, tenant attempted to complete a “Service Request” online at landlord’s website in an attempt to report a toilet overflow/stop up, and discovered that landlord’s website is experiencing technical problems. Tenant was unable to complete a “Service Request” online due to landlord’s technical problems with its website.

Pursuant to the Contract under paragraph 31, subparagraph (d), it states as follows: “if repair hasn’t been made within 7 days, you may terminate this Contract and exercise other statutory remedies, security deposits and prorated rent will be refunded as required by law…” As stated above, said toilet overflows/stop ups have occurred continuously for 2 months despite landlord’s attempts to repair its main waste disposal equipment on a “permanent basis”, which would have eliminated continuous problems with tenant’s toilet, landlord has failed to do so.

Pursuant to the Contract under paragraph 31, subparagraph (e), it states as follows: “you may terminate the Contract under this provision only if the repair or condition is so material and substantial as to render the apartment unfit for habitation…” Said apartment is unfit for habitation due to continuous raw human waste overflows in tenant’s apartment.

In accordance with the State of Georgia Code § 44-7-13, “The landlord must keep the premises in repair. He shall be liable for all substantial improvements placed upon the premises by his consent.” The landlord is in breach of said Contract for failure to keep the premises in repair, and maintain its human waste disposal equipment.

Pursuant to the State of Georgia Housing Code, landlord has breached the Contract because landlord has failed to be in compliance with the housing codes and maintain compliance with the housing codes throughout the lease term. The residence is unfit for human habitation and dangerous and detrimental to the health and safety of tenant.

Georgia code states as follows: “Georgia law gives county and city governments the authority to order repairs, close, or demolish structures which are unfit for human habitation and dangerous or detrimental to health and safety. The county or city government may exercise this authority by establishing local ordinances. Georgia law recognizes the following conditions as threatening health and safety:

* Defects which increase the hazard of fire, accidents, or other calamities;
* Lack of adequate ventilation, light or sanitary facilities;
* Disrepair and structural defects; and
* Uncleanliness.

When a county or city has enacted a housing code, it can also establish procedures to enforce the code. If violations are found, the owner can be ordered to repair, vacate, close, or demolish the property. If the owner fails to comply with the order to correct the code violations, the local government may "condemn" the property declaring it unfit for human habitation and prohibiting its use as a residence. A tenant living in condemned property is justified in treating the landlord as having broken the lease and moving from the premises. Before moving, the tenant should have proof that the property was condemned and write to the landlord declaring the lease in default.”

Although Georgetown Grove Apartments has not been condemned, landlord is in breach of its Contract for failure to maintain said premises in accordance with Georgia code, and in accordance with the Contract.

Lease Contract Language:

In accordance with Georgia law (O.C.G.A. § 44-7-2), “which prohibits leases for residential dwellings from containing language which

• Seeks to waive, assign, transfer, or otherwise weaken the landlord’s legal responsibility to keep the rental property in good repair or lessen his responsibility for any damages caused by his failure to keep the property in good repair....”
• Attempts to avoid having the property comply with local ordinances…
• Seeks to exempt the landlord from complying with the Georgia Security Deposit Act…

A lease which contains the above prohibited language is void and unenforceable.”

Pursuant to the Contract paragraph 24 “Casualty Loss”, it states “We’re not liable to any resident, guest, or occupant for personal injury or damage or loss of personal property “from any cause”, including but not limited to: fire, smoke, rain, flood, water and pipes leaks, hail, ice, snow, lightning, wind, explosions, earthquake, interruption of utilities, theft or vandalism unless otherwise required by law…”

Landlord is in direct violation of Georgia law O.C.G.A. § 44-7-2, as stated above, and is in breach of the Contract. Landlord is attempting to escape responsibility for maintaining said premises in accordance with Georgia law and Georgia code. Pursuant to said law which states:

“The landlord is responsible for maintaining the building structure and keeping operational systems such as the electric, heating, and plumbing (which includes human waste disposal equipment). The landlord is also responsible for repairing any appliances including heating and air conditioning included in the rental unit. A landlord is further responsible for meeting all local ordinances and minimum safety standards. The tenant should not be charged for repairs caused by ordinary wear and tear…”

Landlord has failed to “keep the property in good repair” and has failed to maintain proper plumbing and electrical wiring.

In accordance with the above, tenant has the right to terminate her Contract and is entitled to a refund of her security deposit in the amount of $200.00, and any prorated rent.

Landlord’s Failure to Maintain Windows.

Despite tenant’s written requests on several occasions for landlord to fix the windows in her apartment, landlord has failed to maintain proper access to windows. Pursuant to Georgia Fire/Life Safety Code, in case of a fire tenant must be able to access windows as an escape method. Landlord is in direct violation of this code and is therefore in breach of the Contract.

As of the date of this letter, tenant is unable to open her windows (except one in her living room), thereby blocking tenant’s escape route in case of fire in any other part of tenant’s apartment. Landlord’s maintenance main stated to tenant verbally that “he couldn’t access the windows in tenant’s bedroom”. Tenant disputes this statement as tenant’s bedroom windows are accessible to the maintenance man.

Landlord’s Failure to Complete Apartment Renovations.

Prior to tenants move in, landlord told tenant that her apartment had been completely renovated. Tenant was mislead by landlord into believing she was renting a completely renovated apartment, and paid rents for a completely renovated apartment throughout the year. Landlord has committed fraud and lead tenant to believe she was renting a completely renovated apartment at the time the Contract was signed by tenant.

Tenant had already signed a Contract prior to being allowed to view her apartment. Tenant arrived at her apartment to find that the apartment had not been renovated as stated by landlord.
Despite the numerous written notices to landlord about said renovations, landlord failed to complete the renovation in a timely manner, which far exceeded 90 days. Landlord is in breach of the Contract. Tenant has been and continues to be charged for a completely renovated apartment. Said renovations have not been completed to date.

Landlord’s Harassment and Intimidation of Tenant - Failure to Maintain Professional Communications with Tenant.

After tenant completed owner’s survey via the internet, pursuant to owner’s instructions, and advising owner of problems tenant was experiencing with landlord in writing, landlord called tenant and harassed tenant verbally, accusing tenant of doing things tenant did not do, i.e., accusing tenant of not paying the security deposit; accusing tenant of disputing an electric bill.

Landlord expressed her displeasure of tenant contacting her superior and owner of said property and “threaten, coerce, intimidate, and interfere with tenant’s enjoyment of living in said premises”. Landlord, Megan Gould, has refused to meet with tenant on a continued basis regarding matters concerning tenant’s apartment.

(Tenant paid said security deposit in the amount of $200.00 on June 3, 2011, prior to move in. Landlord failed to maintain accurate records and harassed and threatened tenant.)

Tenant has maintain accurate written records of events that took place between tenant and landlord and has submitted said actions to landlord’s superior and owner of said property in writing. (However, tenant has since experienced numerous problems while residing at Georgetown Grove Apartments, and has entered this information in her records.)

Owner has failed to correspond with tenant directly regarding landlord’s harassment. After owner was notified of landlord’s actions, landlord contacted tenant by phone and verbally threatened, coerced, intimidated, chastised, and harassed tenant for completing an online survey requested by owner, whereby verbally assaulting tenant for “reporting her” to her superior and owner of said property; causing tenant to experience fear, stress and anxiety over landlord’s verbal assaults and actions. Furthermore, landlord intimidated and chastised tenant for filing a complaint with the Better Business Bureau, and interfere with tenant’s enjoyment of living in said premises,

Due to landlord’s actions, tenant has lost the enjoyment of living in her apartment, no longer feels safe and secure in her apartment, and no longer feels safe when approaching landlord’s office to pay her rent by check.

Landlord’s Failure to Maintain Electrical Wiring Throughout Tenant’s Apartment Pursuant to City Code.

Tenant has experienced several electrical shortages within the walls of her apartment. Tenant has notified landlord of said problems in writing. Tenant does not feel safe and secure because of electrical shortages in the wiring of her apartment. Landlord has failed to comply with Georgia Fire/Life Safety Codes for failure to hire professional electricians to inspect tenant’s residence for possible electrical shortages throughout tenant’s apartment. Tenant fears for her safety and security.

In summary, although landlord has attempted to make said repairs, landlord has failed to keep tenant’s apartment in repair and has failed to make said repairs in “a timely manner, exceeding 7 days in accordance with the Contract.

Pursuant to the Contract under paragraph 31, subparagraph (f), it states as follows: “you must move out of the apartment on or before the termination date specified in your notice”. Therefore, tenant intends to move out and terminate her Contract due to landlord’s failure to comply with said Contract, thereby breaching the Contract, on May 31, 2012.

Tenant expects to receive her $200.00 security deposit, as well as a reimbursement in the amount of $85.80 for charges billed due to technical problems caused by owner’s website.

Enclosures:

Service Request Email dated December 8, 2011: From tenant to landlord advising landlord of problem paying rent at landlord’s website.
Service Request Email dated December 9, 2011: Automated response from owner to tenant in response to tenant’s complaint regarding late fees.
Service Request Email dated November 18, 2011: Automated response from owner to tenant in response to tenant’s complaint for incorrect cable charges.
Email dated November 21, 2011: From Megan Gould to tenant verifying a “glitch” in the system regarding error in cable charges.
Email dated December 16, 2011: From MAA (owner) to tenant - tenant’s January 2012 rent statement.
Email dated December 16, 2011: From MAA (owner) to tenant regarding an error in calculating tenant’s January 2012 rent.
Email dated December 16, 2011: From MAA (owner) to tenant apologizing for “technical problem” in loading utility charges added to tenant’s January 2012 rent.
Email dated December 27, 2011: From tenant to the Better Business Bureau regarding complaint filed by tenant against owner for technical problems in paying her December 2011 rent; late fee charged $85.80.
Email dated February 10, 2012: From Megan Gould to tenant regarding inaccurate billing records, security deposit in response to tenant’s email regarding same.
Copy of Resident Ledger Summary Report