MeYere v. Withers
Court of Appeals of Georgia
Distraint; from municipal court of Atlanta. May 5, 1914. Oscar MeYere rented an apartment from Withers for a term of six months and ten days from February 15, 1913, under a written contract which provided that the owner was “to furnish heat” in the building until the first day of April. MeYere moved into the apartment February 12, and moved out about the last of February. He paid rent for the time he was in the apartment, but refused to pay more.
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Distraint; from municipal court of Atlanta. May 5, 1914. Oscar MeYere rented an apartment from Withers for a term of six months and ten days from February 15, 1913, under a written contract which provided that the owner was “to furnish heat” in the building until the first day of April. MeYere moved into the apartment February 12, and moved out about the last of February. He paid rent for the time he was in the apartment, but refused to pay more. Withers sued out a distress warrant for unpaid' rent, and MeYere interposed a counter-affidavit, denying that it was due. At the trial he testified:…
1Opinion of the CourtRussell, C. J.
1. It is the duty of a landlord, when he rents a tenement for a time to begin in the future, to have it, on the day when the term is to begin, in a condition reasonably suited for the purposes for which it was rented. Thompson v. Walker, 6 Ga. App. 80 (64 S. E. 336). Should there be a change in the condition of the tenement during its occupancy by the tenant, the landlord is bound to repair such defects as may be brought to his attention. If the tenant, is in exclusive possession of an apartment, it is his duty to give the landlord notice of the necessity for repairs; for the landlord’s duty…
2Cases cited1 opinion
- Thompson v. WalkerCourt of Appeals of Georgia · 1909
3Cited by4 opinions
- Alexander v. OwenCourt of Appeals of Georgia · 1916
- Napier v. PoolCourt of Appeals of Georgia · 1929
- Cox v. Walter M. Lowney Co.Court of Appeals of Georgia · 1926
- Worsham v. PalmerCourt of Appeals of Georgia · 1954