answered on Mar 20, 2023
In Georgia, a landlord can give a tenant on a month-to-month lease a 60-day notice to vacate without specifying any reason. After the 60 days have passed, if the tenant has not vacated, the landlord can file for an eviction. However, a tenant cannot be evicted in retaliation for requesting repairs.... Read more »
He has also been harassing and lying on us to his attorney. She sent a letter.
answered on Feb 28, 2023
I can't tell what is going on other than you called code enforcement.
What has the landlord done to believe you are being retaliated against?
What do you mean by harassment?
What is the landlord doing?
What specifically is the landlord saying that is untrue?
My mom has all timers & dose not remember anything. The house is still in her name.
answered on Feb 25, 2023
If the house is still in your mother's name and she has Alzheimer's and is unable to manage her affairs, it may be necessary to establish a conservatorship to manage her assets and make decisions on her behalf. A conservatorship is a legal arrangement in which a court appoints a person or... Read more »
I was sick and not able to get my belongings immediately. Within one week, after being in touch with me, he threw my things outside, vandalized my car, stole items from me. What can I do?
answered on Feb 16, 2023
First, mske a list of all items and their individual values.
Second, demsnd their return
Third. file a police report for theft and get a copy of that report. If the DA wants to follow up with an investigation, cooperate.
Fourth, find an experienced landlord-tenant lawyer to... Read more »
answered on Feb 10, 2023
You follow the lease you signed until you sign a new lease.
It is common for both residential and commercial properties to change ownership. Leases, security deposits, etc are routinely assigned in such a sale. If you recorded your lease in the deed records before the sale, the new owner... Read more »
Landlord was notified of Water leak detected by water department 4 months into our lease. They did not send anyone to fix it until 9 months later and yet there is still a leak at the property. The leak caused our water bill to be extremely high and we have a outstanding balance that's over 3... Read more »
answered on Feb 8, 2023
The answer to this question depends heavily on whether there is a waiver or release of “incidental and consequential” damages in your lease. Such provisions are common in many types of contracts, including leases.
I am the homeowner. I had a lease to own contract with a property investor. He had a lease to own contract with the tenants in the house. They attempted to purchase the property and could not receive the funding and passed the due date on the sales contract. 8 months later I evicted them after not... Read more »
answered on Jan 18, 2023
Without more information about the complaint filed by the former tenant, it is difficult to say. The tenant would need to specify which tort you committed specifically. Residency isn't a tort. Whether you breached the contract would be determined by the specific language in the contract. From... Read more »
answered on Jan 18, 2023
If the writ of possession has already issued, the only way to delay it is to appeal the judgment of the magistrate court. If the writ of possession has not issued, show up to your eviction hearing and request additional time from the landlord. If they are unwilling to give you additional time, the... Read more »
Employee dropped a bag of bath tiles onto my car. Apt complex filed a claim w their insurance company, who have agreed to pay, yet can't tell me when they will pay. ??? What can I do?
answered on Aug 20, 2022
It sounds like your issue is more with your apartment complex's insurance company than the apartment complex itself. Here are your options:
1) You could file a law suit against the apartment complex and the employee who caused the damage. That would certainly move your claim along... Read more »
The apartment complex is pet friendly the patio gate is about 3 and a half feet to 4 foot high
answered on Jul 28, 2022
So you would certainly have a claim against the neighbor for the dog bite, which if he is carrying renters insurance with a liability policy might be covered. To go after the apartment complex for negligence you would have to show some wrongdoing on their part. This could be something like, the dog... Read more »
The landlord's ledger of my payments is an e-file. The judge said that the final decision would be based on that ledger. Can I view it too?
answered on Jul 26, 2022
You should be able to view the entire record, including materials from the other side.
The property management company is charging me for the carpet to be replaced, the walls to be painted, hauling off trash or unwanted items that I moved to the curb for trash pickup...I lived in the apartment for approximately 5 1/2 years. I am asking if these charges are legit? I was under the... Read more »
answered on Jul 7, 2022
It is not standard for the landlord to pay for carpet and painting when a tenant moves out.
However, whether you are responsible for a portion of the carpet replacement will depend on the condition of the carpet when you moved in, the condition of the carpet when you moved out, and the... Read more »
I have a friend living in Alabama. She has a medically fragile child who can’t tolerate heat. Currently the A/C isn’t Working 100%. Maybe 50%. Her house is 85• which is way to hot for her son. What rights does she have??
answered on Jun 27, 2022
A Georgia attorney could advise best, but your question remains open for two weeks. I'm sorry for the difficult situation in terms of excessive heat for the child. This is something a landlord-tenant attorney would probably have the best insight into, in terms of tenant rights. There's no... Read more »
answered on May 17, 2022
May be a violation of your lease or they may be improperly targeting you as a form of harassment. GA has difficult Landlord Tenant law for tenants, but there are some really good self help resources at Legal Aid type clinics.
If the parking violations are legit, it may just be easier and... Read more »
My wife and I agreed to rent this property from her father due to them explaining that the condition of the house was not suitable for sale. After about 4-5 years of this situation going fairly rough. He attempted to reach out to us to try to move back in with us while we were still renting. My... Read more »
answered on Apr 4, 2022
If you have a lease it will likely control the contractual relationship. Thus, if the lease sets a certain rental amount from say April 4, 2021 to April 4, 2022, then the father likely cannot raise the rental amount within those dates. Even if the father attempts to raise the rental amount mid... Read more »
Is there anything I can do to delaying the eviction??
answered on Feb 24, 2022
The landlord cannot change the locks on you without filing for an eviction and obtaining a writ of possession.
Once a writ has been obtained, before changing the locks, the items must be placed outside so you can get it.
You should demand a key in writing. If it is denied, you... Read more »
answered on Feb 24, 2022
It depends.
If you are in Magistrate Court as a defendant in a dispossessory action, the action can be transferred on a counterclaim for more than $15,000.
If you are beginning nondispossessory civil action and want to transfer it from Magistrate Court, you can file an amended... Read more »
they did not market the house nor did they locate the tenant. I did not sell the house to the tenant or anyone related to the tenant but to an investment company. Are they entitled to this commission payment? Area of question is Atlanta GA
answered on Jan 18, 2022
It depends on the terms of the agreement with the management company. Sometimes the agreement will state that they still earn a commission if the house sells within a certain time even if the agreement has been terminated. Have an attorney review the terms and advise of your options.
We are 6 months into the rent-to-own contract and property taxes is not something that was previously mentioned as our responsibility. Additionally, we were only told about it needingnto be paid 4 days before the taxes are due in our respective county.
answered on Dec 19, 2021
If it is not in the lease, you don't have to pay.
The best way to shut the conversation down is to ask the landlord where in the lease it requires you to pay taxes.
If he can't point to it, tell him, then you don't have to pay it.
She said if I didn’t have my own well by a certain date she will void the contract and put me out. Can she do that?
answered on Nov 1, 2021
Look at the lease or have an attorney look at it.
As a general rule, the landlord is responsible for all repairs and improvements.
The fastest way to resolve this is to force the landlord to show you where in the lease/rent to own contract that you can be required to put in a... Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
