Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Paula J. Mcgill
1 Answer | Asked in Landlord - Tenant for Georgia on
Q: Can my parents sue a landlord for renting them a home without legally owning it. And is going into foreclosure

They have a lease from when they first moved in.

Paula J. Mcgill
Paula J. Mcgill answered on Oct 10, 2019

In short, maybe. More facts have to be disclosed. Renters who have property that are foreclosed have certain protections. However, the landlord can still be sued for any additional damages that may occur as a result of the foreclosure and premature termination of the lease.

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: I want to give a 60 day notice to a long term tenant. I know he can’t afford to pay for current market rents.

He isn’t very clean and he has a dog that he brought home one day without asking permission. We allowed him to keep it but no longer want him or the dog to live there. Do I need a reason to give him a 60 day notice? He doesn’t have a lease.

Paula J. Mcgill
Paula J. Mcgill answered on Sep 9, 2019

Month to month tenants are subject to 60 day lease terminations. You don't have to give a reason.

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: How long does a landlord have to supply a list of all move out charges?

We moved out of a house we were renting. We are just now getting a list of all charges 2 months after the fact and we have been asking for them since the move out as they would not conduct the move out inspection with us present. Do we have a case to get some or all of the extra charges removed... Read more »

Paula J. Mcgill
Paula J. Mcgill answered on Sep 5, 2019

You can file a lawsuit to get your sec. dep back if the withholding was unjustified.

You may be able to collect treble damages plus attorney's fees in many instances.

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: what should I do if a former tenant returns a partial security deposit refund and demands it all back or be sued?

The tenants heldover 2 days beyond the lease termination date then called the police on day 3 when I said we had to wrap things up, claiming I was trying to lock them out and refuse to let them take their possessions. I never locked them out and never threatened to do so, but I did ask if they can... Read more »

Paula J. Mcgill
Paula J. Mcgill answered on Aug 22, 2019

Unfortunately, I doubt returning their deposit will end it unless there is a settlement agreement signed by all parties.

If they are not willing to enter into a settlement agreement, get the police reports to determine what the police wrote in the reports. If the report is neutral or...
Read more »

2 Answers | Asked in Real Estate Law, Land Use & Zoning, Estate Planning, Landlord - Tenant and Probate for Georgia on
Q: My grandfather inherited a house and piece of land from my great grandmother after she passed.

Yes I am getting information for my grandfather. He inherited a house and piece of land from my great grandmother when she passed. He put his soon to be ex wife on the deed and now she is leaving and packing all her stuff to leave. She just came into alot of money from her father passing. Can he... Read more »

Paula J. Mcgill
Paula J. Mcgill answered on Aug 17, 2019

Your grandfather should have consulted an attorney before she put her on the deed. If he did, he should go back to the attorney to consult with him or her.

Once you put a person's name on a deed, you can just simply remove it even if it was inherited. It was nonmarital property until he...
Read more »

View More Answers

2 Answers | Asked in Family Law and Child Custody for Georgia on
Q: If I've signed the papers but I'm not sure if they have filed I signed them two days ago can I change who I want to it b
Paula J. Mcgill
Paula J. Mcgill answered on Aug 17, 2019

What papers?

Is a settlement agreement, a petition, a motion, or an answer/response?

What do you want to change on that document?

View More Answers

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: Can apartment management charge me a pet fee (no damage done) at move-out that was never mentioned in the lease?

My apartment management informed me (at move-out) that ALL pet owners have to pay a $200 fee to spray some sort of allergen sealer on the floor before re-carpeting for the next tenant. I was told this without them even having pulled up the carpet to look for any unusual damage. I had to pay a $400... Read more »

Paula J. Mcgill
Paula J. Mcgill answered on Aug 15, 2019

If it not in the lease, ask management in writing what legal authority do they have to charge you after the fact.

If they fail to provide you with the required information, demand that any deduction from your security deposit be returned to you.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Georgia on
Q: I had a boarder renting A room and moved some of her stuff out. She is refusing to come get the rest.

She stored things in my attic and has stuff stored in my garage. What can I do as this space is needed.

Paula J. Mcgill
Paula J. Mcgill answered on Aug 14, 2019

Since the person was a renter, to be on the safe side, file a dispossessory action that includes her room, the portion of the attic, and the portion of the garage. Warn her that she must take her stuff out or you will file a dispossessory.

You file it in the county where the rental...
Read more »

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: I am renting a room on a month to to month lease, my landlord said she needs me to move out because she needs to repair

her roof. how much notice is she required to give me?

Paula J. Mcgill
Paula J. Mcgill answered on Aug 6, 2019

The lease may tell you how much time she has to give you.

If the lease is silent, it's 60 days.

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: What are my tenant rights when there is no written lease agreement, only verbal? Renting a room in a home...eviction?

Landlord/Roommate wanting to evict me based on a disagreement. Living conditions and living situation has not been what was agreed upon.

Paula J. Mcgill
Paula J. Mcgill answered on Jul 31, 2019

A verbal agreement is still enforceable. The problem is proof of the terms. If there is an email or text that is a written agreement.

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: CAN A LANDLORD BRING PEOPLE INTO THE HOME TO SHOW IT OFF WHILE YOU LIVE THERE?

I THINK MY LANDLORD IS TRYING TO SELL THE HOUSE THAT I AM RENTING FROM HER. I ASKED HER WAS SHE SELLING IT TO ANY ONE AND SHOULD I BE WORRIED AND SHE SAID NO. HOWEVER, SHE HAS BROUGHT SEVERAL PEOPLE OVER THE PAST WEEK TO LOOK AT THE HOUSE AND THEY LOOK LIKE POTENTIONAL BUYERS. IS THERE ANY TYPE OF... Read more »

Paula J. Mcgill
Paula J. Mcgill answered on Jul 30, 2019

First, look at your lease. If your lease does not allow the landlord to show the house, you can demand that it stop.

Second, she can sell the house. However, unless the lease states otherwise, the new owners will buy the house subject to the lease.

Therefore, if your lease ends in...
Read more »

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: I have 2 individuals who rent rooms at my property in Marietta, GA Cobb County, There is no lease. How do I legally

give the notice to vacate premises? It is my understanding that I must give a 60 day notice. If they do not leave at the 60 days do I then have to legally evict? If so, is it best to do a legal eviction right away?

Paula J. Mcgill
Paula J. Mcgill answered on Jul 29, 2019

If the tenants are not paying rent, give them a three day pay or quit notice. If they fail to pay rent or vacate, you can file the dispossessory on the 4th day.

If they aren't breaching the lease agreement and you don't have a shorter notice in your lease, you must give 60 days notice if...
Read more »

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: Is it okay if I have a washing machine running in my backyard
Paula J. Mcgill
Paula J. Mcgill answered on Jul 25, 2019

It all depends on the lease and any HOA limits.

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: Can a landlord take a tenant to court without trying to resolve the issue with the tenant first
Paula J. Mcgill
Paula J. Mcgill answered on Jul 25, 2019

It all depends on why he's taking you to court. If he is seeking to evict you, he must comply with the lease terms and the code. With few exceptions, s demand for possession is required by law before a disposessory action can be initiated.

1 Answer | Asked in Real Estate Law, Animal / Dog Law and Civil Litigation for Georgia on
Q: I live in an HOA Iam enduring harassment and nuisance behavior. My HOA won't help

This lady and her family bring her dogs to my home to do their business specifically in my yard even after I've asked them to stop.

Paula J. Mcgill
Paula J. Mcgill answered on Jul 8, 2019

You can bring a civil action against her for nuisance and trespass.

If you haven't already done so, send a cease and desist letter or hire an attorney to do it. You can use that letter in court if she continues her behavior.

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: Is it legal for a landlord to send an eviction notice 5 days after a tenant makes a plumbing maintenance request.
Paula J. Mcgill
Paula J. Mcgill answered on Jul 5, 2019

It all depends.

If you haven't paid your rent when it is due or you have violated any term if the lease, the notice to vacate may be proper.

1 Answer | Asked in Civil Litigation for Georgia on
Q: Lawyer of person I am sueing filled a discovery with court I didn’t received. I have a proof that I was out of country

They said it was delivered to me to answer but I have proof I was flying inn that day from Europe and was at home late at night. Is it falsifying documents form that lawyer side ? Can I use it to show how unethical defendant it ?

Paula J. Mcgill
Paula J. Mcgill answered on Jun 24, 2019

How did the attorney say it was served, hand delivery, mail, etc.?

If the attorney said it was hand delivered to you and not to your address, you will be able to dispute it by showing you were out of the country. Demand the attorney show how it was served.

4 Answers | Asked in Child Custody and Family Law for Georgia on
Q: How does a father apply for custody of his child that the mom let move in with another family member.

My husband and his ex wife divorced in 2004 she got custody in the divorce and he was granted visits and child support for years the children were allowed to visit only at her convenience sometimes wouldnt allow visits for months my husband has continued to pay his support.well he was just informed... Read more »

Paula J. Mcgill
Paula J. Mcgill answered on Jun 24, 2019

He has to file a petition to modify custody and child support. He should hire a local lawyer to handle the matter.

Also, because the child is 16, the child"s wishes on custody will be considered by the court.

View More Answers

3 Answers | Asked in Child Support and Family Law for Georgia on
Q: Can a father legitimize his child without the mothers consent?

Mother wants to file for child support but refuses the papers of father trying to get the child legitimized

Paula J. Mcgill
Paula J. Mcgill answered on Jun 20, 2019

Yes, the father can file for legitimation and visitation in the Superior Court where the child resides. The court will have a hearing on the matter if the matter can't be resolved.

View More Answers

2 Answers | Asked in Family Law and Child Custody for Georgia on
Q: Father hasn’t seen children in 5 years, does he have the ability to take custody of the children?

He has paid child support, but hasn’t made contact with them since divorce, did not request custody at divorce hearing.

Paula J. Mcgill
Paula J. Mcgill answered on Jun 11, 2019

I would recommend the father seek visitation first to re-establish a relationship. After two years or so of having a strong relationship with the children, primary physicsl custody would not be out of the question.

With the information that was provided, at least, the father has almost...
Read more »

View More Answers

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.