News 12 @11 o'clock, September 29, 2008

AUGUSTA, Ga. ---On September 23, News 12 told you about an apartment complex filled with mold, faulty wiring and substandard conditions. City inspectors even went as far to say the units were unlivable.

News 12 has learned that not only is the property unsuitable for anyone living there, but the property is also condemned.

According to the Augusta Code Enforcement Division, residents should not be living in a condemned building, nor should a landlord take rent.

That is why Dianne Holmes along with others spoke out about the horrible living conditions at Hi Port Regency Apartments.

News 12 first talked with them a week ago - about the moldy units, the faulty wiring and other blatant problems.Since then Holmes has received a letter stating that she has to vacate the property by October 12th unless she takes another unit and catches up on rent. Even then - her rent would be increasing.

Legally, most apartment properties can raise the rent - but its questionable in this case.

News 12 has learned most of the units have been condemned since August 30, 2006. The inspection report from the Augusta License and Inspections office shows in itemized detail that the property clearly does not meet building code standards and is in violation. According to the report, legally a landlord can not rent out a condemned building.

The Augusta Code Enforcement division is looking into the matter and has pictures of Holmes' unit along with others.

Under the Georgia Landlord Tenant Law - and the Augusta Code Enforcement Division, Landlords may not advertise or rent condemned property. Landlords must disclose housing code violations they have been notified of but have not corrected. Georgia law requires that the owner receive notice of the housing code violation and an opportunity for hearing. If violations are found, the owner can be ordered to repair, vacate, close or demolish the property a tenant living in condemned property would likely be justified in treating their lease as in default and in some cases get damages.