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.
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... Read more »
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.... Read more »
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.... Read more »
The new owner has threatened he is going to come throw out my things in 7 days? Is that allowed?
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... Read 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.
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;... Read more »
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.
If I didnt sign early my rent will go up to a month to month basic
Look at your lease.
Leases usually give a required notice of renewal or nonrenewal of 30 or 60 days before it expires.
Normally, within that time frame, a new lease is signed.
How were you kicked out?
Did the landlord remove your items and change the locks?
What do you mean no reason?
Are you saying the notice to vacate did not explain why there was an early termination?
Because the lease controls,for the most part, I would have to see the lease.
She is saying she cannot find a satisfactory place to live. Meanwhile her job is suspended at the North Fulton community charities.
You can do the following:
1. Send an immediate vacate notice
2. E-file the dispossessory affidavit
3. Serve through a private process server.
4. This will put you in line to get heard when the courts open up. Note, it is a very long line.
A landlord can file a dispossessory in court. However, the courts are closed for civil matters until May 13. Therefore, a hearing on a case that is filed this month is unlikely to be heard before the end of May or the beginning of June.
However, the size of your county will have an... Read more »
Tenant has failed to pay rent for 2 months. With the month of May around the corner, if he doesn't pay he will be 3 months behind. Prior to this pandemic he always paid late and now he just won't pay at all. I've issued him a Pay Rent or Quit notice which gave him 7 days to pay and... Read more »
The next step is to file the dispossessory. Some Magistrate courts allow e-file. If e-file isn't an option, you may be able to hand deliver it or mail it.
If you are still uncertain about the process, you can contact me demandingjustice@gmail.com.
- In July, I applied for an apartment for 6 month lease + emailed manager explicitly stating I'll sign from August - Feb 15th, but move out early Feb 1st to a different state and lose half month rent. Signed electronic lease
- January 10th comes and I email asking about what to do... Read more »
I assume the rental was going n Georgia.
Look at your lease in the "notice" section. It states the type of notices that are acceptable. If e-mails to the person who you sent the notice is in that section, you shouldn't owe anything.
There is no clause in my lease regarding landlord terminating lease early
Yes, the landlord can sell the property,
BUT
the new landlord takes subject to your current lease. That means he steps into the shoes of your landlord.
I assume there isn't a sale provision in the lease that allows the purchaser to terminate the lease.
is this legal
Yes, it's legal
He does not have to renew your lease.
However, check the lease to see if he has a deadline to give you formal notice if nonrenewal.
Also, if the landlord sells the house before the lease is up, the new owner will take subject to the lease. That means... Read more »
I live weekly and I pay every Tuesday. They didn’t make me aware of the terms and conditions regarding children. The higher authority haven’t even came me notice ?
What is the rule regarding children?
How are you allegedly violating it?
Is this rule anywhere in the document you signed when you checked in or near the check-in desk?
I have given written and verbal warning their month to month agreement will not sustain after Feb 28th. I have offered money for keys by March 30th.
If it is a month to month tenant, you take subject to the tenancy. Unless, there is a shorter period agreed to by the parties, you must give 60 days notice. Once the 60 days notice had ended, you must seek court intervention to remove them.
My landlord is trying to make me sign an addendum to agree to get renter's insurance, for a full year, and my lease started in August, with no mention that renters is required, it strictly states that "renter's insurance is not mandatory, but we do encourage you to obtain it to cover... Read more »
If the lease did not originally required it, the next section you have to look at are amendments and notice. Is there a section in your lease that allows the landlord to amend the lease with notice. If not, than I don't see how he can do it. However, you may want to take the lease to an... Read more »
Does landlord have the right to refuse tenant access to their personnel property on front yard and convert property to their own?
In short, no
The landlord must put the property in a location where the tenant can get it
A breach of contract has a long statute of limitations. So, three years is not too long.
Whether they have a valid legal claim is another thing.
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