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... 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 »
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 »
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... Read 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... Read 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... Read 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.... Read 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.... Read 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... 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.
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;... Read 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.
If I didnt sign early my rent will go up to a month to month basic
answered on May 28, 2020
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.
answered on May 17, 2020
How were you kicked out?
Did the landlord remove your items and change the locks?
answered on Apr 30, 2020
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.
answered on Apr 27, 2020
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.
answered on Apr 26, 2020
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 »
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