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Real Estate Forum by US Landlord > Landlord and Tenant Help > Help for Tenants > GA - Tenant's right to withhold rent if services not rendered?

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GA - Tenant's right to withhold rent if services not rendered?
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AuthorPost
OH landlord
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 Posted: Thu Jul 24th, 2008 10:20 pm
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You cannot rent withhold for this.  Rent withholding is only for habitability issues.  Not having a gym does not make your unit uninhabitable.  Additionally, Georgia has no statute for rent withholding so it is not permitted.

However, you are due some compensation for not having an amenity available to you that was listed in your lease.  Is the gym listed in your lease?  If so, write to the LL and ask for a rent credit equal to a monthly gym fee (usually $20-30 a month) for each month it was unavailable.

soma74
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Joined: Thu Jul 24th, 2008
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 Posted: Thu Jul 24th, 2008 05:07 pm
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If an apartment community fails to provide services or amenities as promised, does a tenant have the right to withhold rent or be compensated for items not provided?

Specifically, the fitness center at my community was out of order/unusable for three months.  Are we as residents entitled to withhold a portion, however small, of our rent for that period, or receive a refund equivalent to the value of the fitness center (e.g. a 3 month gym membership)?

Whether the answer is Yes or No, if you could quote the specific (Georgia) laws/statutes that apply, it would be of tremendous help. 

Thanks!


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