ATLANTA — Patrick Lamont told Channel 2′s Ashli Lincoln that every time it rains, he feels like he’s weathering the storm inside his Northwest Atlanta apartment after a tree fell on his unit last January.
“I went to look out the window as the trees snapped,” Lamont said.
He said since property management hasn’t offered to move him to another unit while awaiting repairs, he’s left with no choice but to stay put to avoid homelessness.
The City of Atlanta has condemned the unit.
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“I feel like it makes no sense. It’s been like two months now since this has happened,” Lamont said.
Channel 2 Action News found that, according to the State of Georgia’s Landlord Tenant ACT, landlords are not required to offer a secondary apartment unit while awaiting repairs.
However, the law states that renters can enforce what’s called a constructive eviction. That’s where a renter voluntarily moves out and withholds rent, due to the landlord’s failure to keep the unit repaired.
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The apartment’s management company, SAK Management, wrote in a statement that they did not know Lamont was still living in the unit and they couldn’t offer him a different unit because the complex is full. They offered to pay him three months of back rent to find another housing arrangement.
The property owner and management company for 399 Holly Street strive to provide affordable, safe, and enjoyable residential opportunities for the Atlanta area community despite the recent surge in rental rates that has left many prospective renters unable to afford reasonable accommodations. The owners and management are mindful of this new reality and hope to offer the best available rental opportunities.
Unfortunately, situations arise which are entirely beyond management’s’ control or ability to ameliorate such as acts of nature rendering a particular property uninhabitable. The property at issue here suffered catastrophic weather damage from a windstorm on or about January 13, 2023 during which a large tree fell onto the property unit. The owners and management promptly notified the insurance company so that repairs could be performed. In conjunction with notification to the insurance company, the City of Atlanta inspected the property and deemed it unsafe and uninhabitable until the insurance company completed substantial repairs which are expected to take several months due to the backlog. Unbeknownst to the owners and management, the tenant has continued residing at the property despite warning notices placed thereon which is a violation of city code. Ordinarily, a force majeure event terminates the lease agreement.
While management regretfully could not offer the tenant a substantially similar rental residence due to full occupancy at its other property locations, management is refunding the former tenant with three months’ rent credit so that alternative living accommodations can be arranged. It is management’s sincere desire to provide safe and affordable housing opportunities and hopefully this tenant will be able to apply the rent credit refund at another suitable location.
After questions from Channel 2 Action News, property management hired a company to remove the tree Thursday evening.
Lamont started a GoFundMe to help with moving expenses.
To donate: Fundraiser by Patrick Lamont Jr : Move from Apartment Destroyed by Tornado (gofundme.com)
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