Questions Answered by Paula J. Mcgill
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 »
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 »
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 »
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 »
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
What papers?
Is a settlement agreement, a petition, a motion, or an answer/response?
What do you want to change on that document?
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 »
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.
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.
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 »
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?
The lease may tell you how much time she has to give you.
If the lease is silent, it's 60 days.
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.
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.
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 »
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 »
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?
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 »
Q: Is it okay if I have a washing machine running in my backyard
It all depends on the lease and any HOA limits.
Q: Can a landlord take a tenant to court without trying to resolve the issue with the tenant first
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.
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.
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.
Q: Is it legal for a landlord to send an eviction notice 5 days after a tenant makes a plumbing maintenance request.
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.
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 ?
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.
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 »
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.
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
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.
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.
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 »
Q: Roommate/Landlord in Georgia moved 4 people in no notice and will not let me retrieve my belongings, what are my rights?
6 people were already living in house
4 strangers moving in
2/3 Renters left the house to avoid conflict
Landlord broke into bedroom and allowed 4 strangers to go through belongings (on video)
Called police to press charges for motion activated camera in renter’s... Read more »
1. Call the police.
2. Whether the police get you back in or not, you have a claim against them for wrongful eviction.
3. If you want entry to the property, you can file in Superior Court and/or hire an attorney to send an immediate demand for entry and file a lawsuit if the police... Read more »
Q: I was served an eviction notice due to non payment of rent. Even though I have receipts proving that I paid rent.
What are my options now? Take my receipts to court with me or show my landlord the receipts?
If you were served with a dispossessory affidavit that was filed in court, the document will have the stamp of the clerk of the court and inform you of the 7 day deadline to file an answer in court. Therefore, file the answer in court by the deadline. It is so easy to miss the deadline, and you... Read more »
Q: Does a child molester have right to see child after 13 years
13 year old daughters father is a child molester and hasn’t seen her in 13 years. What are my right from keeping him from her?
If there isn't a court order regarding visitation, you don't have to allow visitation. If he persists, get a protective/restraining order from the court.
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