Atlanta man says he complained about flooding, now his lease is being terminated

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ATLANTA — An Atlanta man says his lease is being terminated after he made complaints about the heavy flooding in his unit.

Ernesto Taylor told Channel 2’s Cory James that every time it rains, several inches of water flood his apartment. Now, he says he has just six days to find somewhere else to live.

He says he has put in multiple requests with management at the Montif by Morningside apartments on Woodland Avenue to have the issue resolved.

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“It was when I finally started really saying, ‘I cannot wait any longer; it’s been three, four months.’ That’s when I got the sudden letter of termination of lease,” Taylor said.

In the letter dated Feb. 10, the apartment complex offered half-off rent during the 30-day notice period, but Taylor does not think that’s enough.

“I need help getting everything out of here, and I need some backpay, some abatement for all of this,” he said.

Landlord and tenant attorney Sasan Nematbakhsh says Georgia law does not require a landlord to provide alternative housing, but Taylor’s situation does raise potential unlawful concerns.

“Anytime I sense a tenant raises issues of repair, and ultimately, at some point, the landlord [says], ‘We’ve had enough, you need to vacate the premises,’ it does raise that suspicion,” Nematbakhsh said.

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The property management group, Braden Fellman, shared a statement with Channel 2 Action News that read:

“Thank you for reaching out regarding this matter. We take the condition of our properties and the wellbeing of our residents very seriously and appreciate the opportunity to clarify the situation.

In order to complete the repairs in question, the contractor requires that the unit be vacated for an extended period.

We have made every effort to accommodate the effected tenant, but all of our efforts have been declined by the tenant. Unfortunately, without relocation, management is unable to safely and fully complete the repairs that are required.

We remain committed to resolving the matter in a responsible and cooperative manner.”

—  Braden Fellman

Taylor says looking for a new home is frustrating because he feels the flooding issue is the apartment complex’s responsibility.

“Don’t give me any kind of accommodation, any consideration,” he said.

The property management says it would still like to resolve the issue with Taylor. However, his lease termination notice says he must be out by March 10.

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