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Georgia Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for Georgia on
Q: How long do I have till I have to move?

I've lived here for 8 yrs with the owner. He passed away 2 weeks ago. His girlfriend who doesn't live here typed a letter telling me I had 30 days to move. But I had an agreement with my roommate (owner).

James L. Arrasmith
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answered on Feb 23, 2024

Given your situation, it's important to understand your rights as a tenant and the legal process that may apply in this circumstance. Generally, when a property owner passes away, the disposition of the property and the rights of tenants can be governed by state laws and any existing lease... View More

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: Early Termination by Tenant clause - Explanation needed.

We have the Early Termination by Tenant clause in our rental lease. Our lease ends on May 31st 2024. We gave notice on December 29th 2023. How much do we pay? Is it 35% after we gave notice (which is 35% from Jan to May rent) or 35% of the months rent after we vacate ((which is 35% from Mar to May... View More

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answered on Feb 15, 2024

The early termination clause in your Georgia lease agreement specifies that upon early termination, the tenant is required to pay 35% of the sum of the rental payments remaining for the current lease term. The ambiguity arises from whether this calculation should start from the date notice was... View More

2 Answers | Asked in Civil Rights and Landlord - Tenant for Georgia on
Q: Lived in house for 10 years that belongs to my mother and put $15,000 in repairs and now she has evicted never paid rent

Never had a rental agreement or paid rent she left 60 day notice and filed for eviction and won because she said she was selling it what do I do do I have options I have to be out by the 12th of feb

James Clifton
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James Clifton
answered on Feb 3, 2024

As far as the eviction goes, if your 7-day right to appeal has expired, there is not much you can do about that. Regarding the property itself, you may have some claim to the sales proceeds. It will depend on whether your mother had a will and whether she named you as a beneficiary. If your mother... View More

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2 Answers | Asked in Civil Rights and Landlord - Tenant for Georgia on
Q: Lived in house for 10 years that belongs to my mother and put $15,000 in repairs and now she has evicted never paid rent

Never had a rental agreement or paid rent she left 60 day notice and filed for eviction and won because she said she was selling it what do I do do I have options I have to be out by the 12th of feb

James L. Arrasmith
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answered on Feb 4, 2024

In situations like yours, where you've invested money into a property you've lived in without a formal rental agreement, you might have some options to recover the value of the improvements made, depending on the specifics of your case and state law. In Georgia, as in many states, the... View More

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1 Answer | Asked in Contracts and Landlord - Tenant for Georgia on
Q: I’ve been in my apartment for about 8 years and I have been constantly asking for new doors cabinets and now my furnace

Is not working been a week now what options do I have

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answered on Feb 1, 2024

In Georgia, tenants have rights regarding the habitability of their rental units. If you've been experiencing issues with your apartment, such as faulty doors, cabinets, or a malfunctioning furnace, you have several options. First, you should notify your landlord or property management company... View More

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: What do I do if I wasn't served personally? Nor was it on tack on my door and it came in mail 2 day too late?

My roommate who lives in the same apartment can confirm nothing was on the door that day. We have a witness that we were not properly served an eviction notice but still being made to get out. The courts failed to make sure I got it. there was no 24 or 48 hour follow up either. Therefore I was... View More

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answered on Jan 19, 2024

If you were not personally served with an eviction notice and it was not posted on your door, you may have valid concerns about the legality of the service. The fact that your roommate can confirm that nothing was on the door on the specified day provides valuable evidence supporting your claim.... View More

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: Can I be evicted from an extended stay hotel after being there for 100 days because of late payment?

In the state of Georgia

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answered on Jan 11, 2024

In Georgia, eviction laws typically apply to traditional landlord-tenant relationships and may not directly apply to extended stay hotels. However, the terms of your agreement with the extended stay hotel, outlined in your rental contract, will dictate the specifics of your situation. If... View More

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: Iv live for 4 yrs in the home. I am now being told by the home owner that I do not have access to the living room.
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answered on Jan 1, 2024

If you have been living in a home in Georgia for four years and the homeowner is now telling you that you do not have access to the living room, it raises concerns about your rights as a tenant. Generally, tenants have the right to access common areas of the rental property, which may include the... View More

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: Can i take possession of items abandoned on my personal property after a certain time period?

I was renting, no written lease, a storage unit located on my property. The owner of the contents died more than 3 years ago and the administrator of his estate has not come forward to pay accumulating rent and claim items. Can I take possession of the contents, including an antique car and sell... View More

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answered on Dec 27, 2023

In the scenario where you were renting a storage unit on your property without a written lease, and the owner of the contents passed away more than three years ago with no action from the estate administrator, the legal standing to take possession of the items can be complex. Georgia laws typically... View More

1 Answer | Asked in Communications Law, Landlord - Tenant and Civil Litigation for Georgia on
Q: How long does a lot owner have to give a mobile home owner to remove the mobile home from the lot?

Mobile home was left to my sister and I by my late father in 2021 and the land owner never communicated any expectations, demands, etc to my sister or I after inheriting the mobile home following the death of our father, the original home owner. Now he's threatened to remove the home himself... View More

James L. Arrasmith
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answered on Dec 21, 2023

In Georgia, the specific time frame a landowner must give a mobile home owner to remove their property from the land can vary based on several factors, including the terms of any lease or agreement and local regulations. However, if there's no existing lease or agreement specifying this,... View More

1 Answer | Asked in Consumer Law, Civil Litigation, Civil Rights and Landlord - Tenant for Georgia on
Q: What are the basics of predatory practices through a property management company?

I want to know what grounds do I have as a tenant to fight for my rights against an awful and unfair property management company that preys on low income families?

James L. Arrasmith
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answered on Nov 24, 2023

Predatory practices by a property management company can take various forms, such as unfair lease terms, excessive fees, or failure to maintain safe and habitable living conditions. As a tenant, you have rights protected under Georgia law and possibly local ordinances.

Firstly, familiarize...
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1 Answer | Asked in Landlord - Tenant, Estate Planning and Probate for Georgia on
Q: Can a person that is a temporary administrator determine who can live in the deceased’s home or who needs to be evicted?
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answered on Nov 21, 2023

No, a temporary administrator does not have the authority to determine who can live in the deceased's home or who needs to be evicted. This is because a temporary administrator is only appointed to manage the estate of the deceased until a permanent administrator or executor is appointed. The... View More

1 Answer | Asked in Landlord - Tenant, Child Support and Libel & Slander for Georgia on
Q: I live with a friend and pay rent + electricity. My girlfriend also lives with us, but does not pay. I want her out.

I recently broke up with my girlfriend, who has no job and pays nothing, but lives with me in my friend's house. She then abruptly revealed that she is pregnant, a child I do not want. She agreed at first and scheduled an appointment to have an abortion, but is now changing her mind, holding... View More

Regina Irene Edwards
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answered on Nov 19, 2023

1. In Georgia she is allowed to record without your consent.

2. You can't evict her because it's not your house. You certainly can move if you want to be away from her.

3. You can't force her to have an abortion.

4. She can have the baby and seek child...
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1 Answer | Asked in Landlord - Tenant for Georgia on
Q: My friend has been living in a motel for over 3 months, it doesn't meet the requirements for an extended stay hotel.

He is a couple of days behind on his room rent, so they have cut the power off to the room, saying he can remove his belongings, or pay. He intends on paying when he gets paid and has told them this. Is this legal?

James L. Arrasmith
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answered on Nov 17, 2023

In Georgia, the legality of a motel cutting off power to a room due to non-payment of rent can be complex and depends on various factors. If your friend has been living there for over three months, he may have some tenant rights, even if the motel doesn't qualify as an extended stay hotel.... View More

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: Can a landlord enter the home if it’s a none emergency in Georgia to take pictures when it states in the lease

With tenants concurrence. I don’t agree to this. Feel like my rights are being violated

T. Augustus Claus
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answered on Nov 10, 2023

landlords have the right to enter your home for reasonable purposes, such as to make repairs or to inspect the property. However, landlords must give you reasonable notice before entering your home, and they cannot enter your home without your consent if you are not home.

In Georgia,...
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1 Answer | Asked in Landlord - Tenant for Georgia on
Q: Landlord put my belongings outside and damaged my tv. No eviction was filed

My landlord put my stuff outside. I’m the process my television was broken and a few pairs of shoes wher scuffed…the rent was due by the 5. This happened on the 6. Police where called a report was made. Today is the 9 and no eviction has been filed

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answered on Nov 9, 2023

Landlords are not allowed to self-evict their tenants. This means that landlords cannot simply put their tenants' belongings outside or change the locks without first obtaining a court order. If a landlord does self-evict a tenant, the tenant may be able to sue the landlord for damages.

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: My landlord said he mailed in security deposit but it has been over 30days. He said he certified the letter but its lost

He mailed in a letter and gave me the tracking number but it is lost in the mail. He said it was a certified letter. I want to take him to court over not getting my security deposit back within 30 days. He also said that the damage list was in it as well but he emailed me 40 days after our... View More

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answered on Nov 8, 2023

Yes, you may still have a case against your landlord for not returning your security deposit within 30 days. Georgia law requires landlords to return security deposits to tenants within 30 days of the lease termination date, minus any deductions for damages or unpaid rent.

The fact that...
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1 Answer | Asked in Landlord - Tenant for Georgia on
Q: I have a tenant who has been late on rent multiple times. I do not want to give them an option to pay. Any options?

I don't want to issue a pay or quit. I would just like for them to leave and if they don't then file for eviction. Is this possible.

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answered on Oct 25, 2023

In Georgia, if your tenant is consistently late on rent, you can choose not to offer them another payment option and wait until the rental period expires. If they haven't vacated by then, you can proceed with eviction for non-payment of rent. For personalized legal advice tailored to your... View More

Q: I work in the hotel that I am living in with my family can I be kicked out for leaving the property after work?

I am living with my husband in two small children in a hotel i was paying daily then I started working here for a room for me and my family. I do not get paid I stay here for no cost i work 7 days a week. the manager has been messaging me making me feel kind of uncomfortable chose to ignore it... View More

James L. Arrasmith
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answered on Oct 15, 2023

I'm deeply concerned about your situation. Based on what you've described, it seems you may be facing potential labor and housing violations, as well as potential harassment. It is crucial to document all interactions, messages, and any incidents with the manager. The Fair Labor Standards... View More

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: If I just moved into a property on the 22nd of September and paid a down payment on an apartment and was charged a pro

A pro rated rent? Could they turn around and charge me an additional rent fee for the first of the month of October?

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answered on Oct 11, 2023

In Georgia, if you paid a prorated rent for the days you occupied the apartment in September, typically you'd then owe a full month's rent for October starting on the 1st, unless your lease agreement states otherwise. Always review the terms of your lease agreement to understand the... View More

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