Intellectual Property | AVLF Clinic
Dear IP Section Members,
Due to our highly successful AVLF Saturday Clinic co-sponsored with the IP and YLD Sections, AVLF has reached back out to us because of several cases that need urgent attention. Please take a look at the case descriptions below to see if there are any that you might be able to help with, or share with other attorneys you know that may be willing to help.
TL and her spouse moved into a house in the summer of 2019. Right before they were to initially move in, they did an inspection and gave the landlord a list of things to be repaired. The move-in was delayed three weeks and only some repairs were done. They found a snake skin in the home. They called the landlord and pest control was sent out. A raccoon was living in the attic which was removed after about a month; the hole that was patched seems to have opened again. TL asked for a discount on the rent due to issues but the landlord refused. A gas leak was discovered in the home, and TL and her spouse had to bathe with cold water or warm water on the stove until the landlord finally came to repair. She asked the landlord for a discount and they agree to give 25% off. When it got warm, they realized the AC did not work; they went without AC for the entire summer. The unit would not cool the home. Now that it is cold, the heat does not work. TL was pregnant in the summer months and it was difficult for her. Now, there is a small infant in the home, with no heat. The landlord said the house is old and there was nothing they could do, including investigate. There is also an infestation of bugs and there may be mold from a leaking pipe which appears to be close to bursting. The backyard is overgrown. TL and her spouse attempted to mow it but it was out of control. They cannot afford to move and do not want to. They want efficient repairs made and a portion of the rent returned for the conditions they have lived in since moving there.
DM moved into a rental home in 2017 with her Section 8 voucher. The landlord and his son began to show up unannounced with no reason. The home had several repair issues and failed a Housing Authority inspection. The landlord gave her 30 – 60 day notice to leave with no reason, and she moved out about four months after she moved in. She did a walk-through at move-in and then at move-out with the landlord’s son; he did not mention or make note of any damage. DA gave the landlord a forwarding address for her security deposit. He told her he is not returning her $1200 security deposit and that he would see her in court. She had removed a door from hinges to fit furniture through but she told the landlord and left the door and hinges. She would like her security deposit returned.
EA moved into a rental home in 2017. She has been having issues with the AC unit. Water from the unit runs on the floor in the basement and mildew began to form. Due to the mildew, the home has a funny smell which exacerbates her asthma. She has sought medical treatment on several occasions. When she tells the landlord, he gets upset and tells her the AC leak has nothing to do with the mildew and smell. She stopped using the HVAC unit and bought window units but the house was still hot and now there is mold. She has had to throw away two king size mattress as the mold covered them. She has text messages from the landlord telling her to get out. He has also told her to keep the windows open and to buy products for the mold. She wants a portion of her rent returned and all of her security deposit; she wants to be reimbursed for the furniture she lost and the AC units that she had to buy.
NC and her 2 children have lived in her home since August 2013. NC had leaks that she has been telling her landlord about for years. In 2014, a new owner bought the property sight unseen. In 2015, NC received a water bill in the amount of $200; her previous water bills were between $65 and $100. She informed the landlord who sent out plumbers one or two times between 2015 and 2019. However, nothing was fixed. The water bill continued to increase and NC was unable to pay the bill. The property was a Section 8 property and was required to pass yearly inspections. NC had been previously homeless and had waited on the Section 8 housing waiting list for 15 years before being accepted for a subsidy. Therefore, NC would assist in making repairs to make sure the property passed inspection. On March 5, 2019, the home failed a Housing Authority inspection due to ceiling leaks. The landlord blamed NC for the failed inspection and has stopped all verbal communication with her. A company repaired the ceiling leak in March. A plumber discovered that the roots of a tree have wrapped around the pipes and caused them to burst. Later that evening, NC was using the restroom when sewage erupted through the toilet, sinks, and bathroom tub, flooding her home. She had to seek medical treatment and throw away clothing, bedding, towels, and her children’s bicycles and toys due to the sewage. NC sent her children away to stay with family but has been staying in the home, using the bathroom in a bucket. She tried to clean up everything herself but the walls are still stained. She is currently working on finding a new place but is terrified to lose her home/voucher. She is worried that she will be held responsible for the water bill. The water bill is now over $8,000. She would like the landlord to pay the overage of the water bill and reimburse her for the damaged/lost belongings.
Please contact Cole Thaler at cthaler@avlf.org if you want to assist with these or any other AVLF cases.
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State Bar of Georgia
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