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I’m renting a property that I have informed landlord of maintenance repairs needing to be done back on May 23rd 2023 and again on 8/8/2023 landlord filed for writ of possession immediately due to me not paying rent for uninhabitable home. They sent a maintenance man out on 8/9/2023 who only... View More
answered on Nov 16, 2023
The only way the landlord gets an immediate writ is if you did not answer the dispossessory affidavit within 7 days after service. Call the court to ask when you were served. If you still have time to answer, answer the affidavit and include your counterclaim for failure to repair.
I'm approved in all other areas for a rental property. However the property manager (a.k.a owner) of said property management company said he has to come to my current home to meet all parties moving into the property he manages and he needs to see "how things operate" at my current... View More
answered on Jul 24, 2023
There is nothing I know that prevents it.
Was thuis requirement disclosed before you paid an application fee? If not, you should demand your application fee back and find somewhere else. This landlord looks like trouble
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?
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... View More
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... View 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... View More
answered on Feb 24, 2022
If they are considered tenants, no. That would be a wrongful eviction. It is also a criminal violation.
If you want your in-laws gone, give them notice to vacate in accordance with the law. If they don't leave, file for an eviction.
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... View 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... View More
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... View More
answered on Sep 13, 2021
If they filed a dispossessory action against you in court, that filing will be on the court records and therefore on your rental history. If an eviction shows up on your record, you should dispute it.
answered on Sep 3, 2021
In short, yes.
There is no legal requirement to accept government government to keep you in the house.
She agreed to hand over the keys june 8. On the 8
June 9th she claimed to still have personal property inside. Then agreed to hand over the keys June 14 to the realtor. Now she has told
the realtor not to get involved as her and I have a civil case. Year 1 was a lease. For the... View More
answered on Jun 15, 2021
What is your question?
If you complied with lease or law by giving her notice and she refused to leave, file a dispossessory action against her to start the eviction process.
My landlord is retaliating because of the bbb complaint, code enforcement having to making them get me a new stove that didn’t work and cut the grass as they hadn’t before I moved in. He did state that he would give deposit back but it’s so hard to find a place to stay right now and I feel... View More
answered on Jun 14, 2021
You may be protected if there isn't an early termination provision in the lease or if you are not at the end of your lease.
Georgia does not have a for cause statute that requires the landlord to renew the lease, except for cause.
Case was dismissed August 2020, My lease was not up until Sept 2020. I started to move my things to a new apt and when i returned that Sunday the locks were changed. I had not turn in the keys to the residence.
answered on Apr 28, 2021
You may have a claim for wrongful eviction (lockout), conversion (keeping your items locked inside), breach of contract (your lease had not expired), trespass, and/or negligence.
You should contact a lawyer as soon as possible to schedule a consultation.
The lawyer may be able to... View More
answered on Feb 23, 2021
When you saying eviction, what do you mean?
In Georgia, if the landlord filed a dispossesory action in court, but the sheriffs/marshals haven't come out to supervise the ejectment, the landlord cannot turn off the power, water, or gas. In fact, that is considered a wrongful eviction.... View More
answered on Feb 17, 2021
If the landlord wants its property back for no reason, in Georgia, that can happen for the following reasons:
(1) the lease has ended and proper notice has been given of the termination.
(2) an early termination provision is in the lease, and it is exercised with the proper notice.... View More
The new owner has threatened he is going to come throw out my things in 7 days? Is that allowed?
answered on Sep 16, 2020
First, look at your lease. What does your lease say about sales? Some say the owner has the right to give you 30 or 60 day notice to vacate. Others are silent. If the lease is silent on a sale, the buyer takes subject to the lease. Therefore, they must comply with the lease as the new... View More
Due to a hold up from covid19 my new house will be ready in 2-3 weeks. I have 2 children so I don’t want to be homeless.
answered on Aug 27, 2020
If you a residential tenant, you are not kicked out if you hold over.
You will have to pay any rent or fees as a hold over tenant.
If the landlord wants you out the following steps must be taken:
(1) demand to vacate;
(2) file dispossessory affidavit in court;... View More
answered on Aug 20, 2020
Stores are private property. They can require customers to wear certain things to enter their store.
Before the pandemic, you saw on certain store doors, "NO SHOES, NO SHIRT, NO SERVICE" It's the same concept.
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