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Questions Answered by Paula J. Mcgill
1 Answer | Asked in Landlord - Tenant for Georgia on
Q: My landlord told me that I had to renew my lease early before the date that I moved in the apartment. She stated that

If I didnt sign early my rent will go up to a month to month basic

Paula J. Mcgill
Paula J. Mcgill 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.

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: My 3 children wife and myself kicked out during covid without any notice from the landlord or a filed eviction
Paula J. Mcgill
Paula J. Mcgill answered on May 17, 2020

How were you kicked out?

Did the landlord remove your items and change the locks?

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: My landlord gave me a notice to vacate with no reason. I have to be out by june18. Lease not up until October 30th.
Paula J. Mcgill
Paula J. Mcgill 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.

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: when will it be legally possible to evict a tenant whose termination of tenancy was April 25.

She is saying she cannot find a satisfactory place to live. Meanwhile her job is suspended at the North Fulton community charities.

Paula J. Mcgill
Paula J. Mcgill 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.

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: Can landlord's file eviction on you during the CoVID 19 pandemic
Paula J. Mcgill
Paula J. Mcgill 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 »

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: What's the eviction process during the pandemic?

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 »

Paula J. Mcgill
Paula J. Mcgill answered on Apr 22, 2020

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.

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: Old apartment complex states I didn't give 60 day notice so I owe additional money.

- 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 »

Paula J. Mcgill
Paula J. Mcgill answered on Mar 31, 2020

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.

1 Answer | Asked in Contracts and Landlord - Tenant for Georgia on
Q: I have a lease on a home that expires March 2022. The landlord wants to sell the house. Can he do that?

There is no clause in my lease regarding landlord terminating lease early

Paula J. Mcgill
Paula J. Mcgill answered on Mar 26, 2020

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.

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: our lease is ending soon our landlord is trying to sell it because of the coronavirus effects. we have never been late

is this legal

Paula J. Mcgill
Paula J. Mcgill answered on Mar 24, 2020

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 »

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: I live in an extended stay I have 4 children and the landlord is threatening to kick me out this wasn’t stated orig?

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 ?

Paula J. Mcgill
Paula J. Mcgill answered on Mar 22, 2020

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?

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: I bought a house with a month to month tenant. What is the eviction process if we have no rent agreement?

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.

Paula J. Mcgill
Paula J. Mcgill answered on Feb 18, 2020

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.

1 Answer | Asked in Contracts, Landlord - Tenant and Real Estate Law for Georgia on
Q: Can a landlord require me to purchase a whole year of renters insurnance mid-lease, when original lease didn't require?

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 »

Paula J. Mcgill
Paula J. Mcgill answered on Feb 5, 2020

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 »

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: What are the laws regarding tenAnt property post eviction in ga?Can landlord take tenants property after sheriff leaves?

Does landlord have the right to refuse tenant access to their personnel property on front yard and convert property to their own?

Paula J. Mcgill
Paula J. Mcgill answered on Jan 24, 2020

In short, no

The landlord must put the property in a location where the tenant can get it

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: Previous landlord is trying to charge us rent from May if 2017. Can they charge us almost 3 years later?
Paula J. Mcgill
Paula J. Mcgill answered on Jan 24, 2020

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.

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: During the eviction, I didn’t get all my items because landlord didn’t have the key. Can I sue for my items?
Paula J. Mcgill
Paula J. Mcgill answered on Jan 24, 2020

The landlord must put your things out so you can get them on the day of the eviction. Failure to do so means he has converted your property. Yes, you can sue.

1 Answer | Asked in Arbitration / Mediation Law and Landlord - Tenant for Georgia on
Q: My apartment is seriously infested with roaches

They have had pest control come out but he isn't using proper chemicals for German Roaches. I had to throw out my microwave because a nest was in it, what are my options and rights

Paula J. Mcgill
Paula J. Mcgill answered on Jan 13, 2020

You can sue the landlord in Superior Court to force a repair (AKA extermination of the roaches) and obtain damages for failure to repair. If you live in a rental house, you also have the option of informing the landlord that you intend to repair the situation yourself by hiring your own licensed... Read more »

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: We found serious structural issues after moving in when we informed landlord in writing she gave us a 30 vacate notice.

We were informed to do free estimates for repairs to house when estimates came in and we provided our issues in written form she went to police came to home with them for a inspection that was never scheduled and then sent us a 30-day vacate premises notice

Paula J. Mcgill
Paula J. Mcgill answered on Jan 13, 2020

There is a new Georgia law that protects tenants for being kicked out simply because they complain of a health and safety problem with the rental property.

The new law is OCGA 44-7-24

You may or may not fall under this new section

1 Answer | Asked in Contracts for Georgia on
Q: If you give no deposit or rent and you have just signed a contract can you break the lease. Just the application fee

The only thing that was paid was the application fee.

Paula J. Mcgill
Paula J. Mcgill answered on Jan 13, 2020

You signed the contract. Look at the contract to determine if you have a grace period to terminate the lease.

You didn't state why you wanted to terminate the lease. The reason for wanting to break the lease may change my answer.

Paula McGill

demandingjustice@gmail.com

2 Answers | Asked in Civil Litigation, Contracts and Real Estate Law for Georgia on
Q: My name is on a deed and mortgage with my ex. I moved from the home but pay utilities. Can he say I abandoned the house

My now ex and I purchased a house last year. Both of our names are on the deed & mortgage. We tried to live as roommates but that was not worked. I recently moved all of my belongings from the home. He claims I abandoned the house. If I still pay utilities and have mail coming to the house can... Read more »

Paula J. Mcgill
Paula J. Mcgill answered on Jan 13, 2020

He doesn't know the law.

You still have an ownership interest in the property.

Therefore, you should seek counsel who specializes in real estate to force a partition of the property, if possible.

This may cause the house to be sold or to force him to buy you out....
Read more »

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1 Answer | Asked in Landlord - Tenant for Georgia on
Q: Was it illegal for my landlord to terminate my lease 2 months before my original lease was up w/o giving me any notice

My landlord terminated my lease 2 months early without providing me any documentation about a 30-60 day notice I also fixed the the damages I caused and cleaned unit before leaving I was told I would get a deducted deposit back it has been 30 days and my old landlord has yet to call me and refuses... Read more »

Paula J. Mcgill
Paula J. Mcgill answered on Jan 13, 2020

You received some type of statement from your landlord. What did your landlord say about ending your lease?

The time to challenge the early termination was before you moved.

Now that you moved, it is questionable if you can sue him for breach of contract.

As far as your...
Read more »

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