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Questions Answered by Paula J. Mcgill
1 Answer | Asked in Landlord - Tenant for Georgia on
Q: Hello i am trying to seek answers . my landlord is charging me for things that wasnt true after my move out inspection.
Paula J. Mcgill
Paula J. Mcgill answered on Dec 5, 2019

If you have pictures of the condition of the property, send copies of your evidence to the landlord.

If the two of you cannot come to an agreement, sue in Magistrate Court.

1 Answer | Asked in Consumer Law for Georgia on
Q: What if A creditor cannot serve you papers? Can your wages still be garnished?
Paula J. Mcgill
Paula J. Mcgill answered on Dec 2, 2019

If the creditor can't serve you in person, he can seek service by publication. If that is granted, you will be deemed served in accordance with the law.

If you don't answer the service by publication, the creditor can seek a default judgment. If the judgment is granted, your wages can be...
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1 Answer | Asked in Landlord - Tenant for Georgia on
Q: Im a tendent at will and landlord just text me saying she give us 30 days to move out from today is it 60 or 30 days

We payed novmbers rent late and now shes telling us 30 days but above reads 60 days

Paula J. Mcgill
Paula J. Mcgill answered on Dec 1, 2019

If you don't have a written lease that shortens the notice to 30 days, it's 60 days.

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: My landlord filed a writ of possession, but they only filed it under my name. Not mine and the other tenant on lease
Paula J. Mcgill
Paula J. Mcgill answered on Nov 27, 2019

Normally, when the landlord makes the fatal mistake of not adding "all others" to the dispossessory affidavit, the sheriff's office will not approve the removal of possessions from the house if someone objects.

Everyone else can file to stop the eviction or contact the sheriff's office...
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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Georgia on
Q: My old landlord will not provide new owners contact information after selling my rental house before lease was up

I also found out that she was selling the house or that the house was sold on the day the house sold and now she's calling asking if we are found a place to move yet but my one-year lease isn't up until February

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

Look at your lease. If the lease doesn't terminate if the house is sold, the new owner takes subject to the lease. He or she will have to wait until February unless your lease is bought out by agreement or there is an early termination provision in the lease.

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: What can I do about a smoker in my non smoking building? Mgr says she has given them a letter of lease violation.

She says they have to wait for the routine maintenance schedule to check the filters for smoke. I’m having health issues that I think are related to the smoking. The smell comes into my apartment through the vents.

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

You can send a letter to the tenant noting the nuisance and informing him/her if it doesn't stop, you intend to sue her.

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: I need help with being evicted. Been here 5 years. Good tenant. Sorry Landlords don't fix things. Tried to pay.

I have photos of the rotten porch as well as the huge holes in the road outside the house

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

Please let me know what reasons the landlord has given for filing the eviction.

1 Answer | Asked in Civil Litigation for Georgia on
Q: My husband left 4 years ago to work he has a Michigan drivers license he has an apartment in Michigan and has stayed the

Last 4 years we own a home I’m georgia where I reside I don’t work who is entitled to the home him or I my name is not on the deed but I have lived here for 5 years

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

The answer is too long for this type of forum.

However, if he bought the house during the marriage it is very likely you have equity in the property.

If he bought before you were married, you may still be entitled to an equitable share of the property.

Moreover, if you have...
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1 Answer | Asked in Real Estate Law for Georgia on
Q: What are my rights to property if my name and my ex-boyfriends are on the deed but he is the only one on the mortgage

We are breaking up I asked him what he wanted to do about house he said it would be best to take my name off the deed I said not without negotiating a fair amount my lowest price was 21K seems more than reasonable to me especially when I know he has it in the bank.

Paula J. Mcgill
Paula J. Mcgill answered on Nov 3, 2019

The two of you may want to hire an appraiser to determine the market value of the property.

If you are going to split the equity in half, you would be entitled to 50% of

The value of the property

Less

The outstanding mortgage

You may want to consult with a...
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1 Answer | Asked in Real Estate Law for Georgia on
Q: My question is whether or not the HOA president is acting legally and ethically

Hi I have a client who wants to sell her townhouse in a community with an HOA. According to the HOA President, she has $25,000+ in dues unpaid. There is also a tax delinquency, which may send the property to auction. She hasn't lived there in almost a decade, and the community looks like a third... Read more »

Paula J. Mcgill
Paula J. Mcgill answered on Nov 3, 2019

Look at the bylaws first. That may answer several of your questions.

Also, there may be an issue with self-dealing and breach of fiduciary duty. This would be a corporate litigation matter if it is not addressed in the bylaws.

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: How long does a property management company have to legally pursue a previous tenant?
Paula J. Mcgill
Paula J. Mcgill answered on Nov 3, 2019

Unless the lease shortens the period, the following applies:

On a written contract (lease) - 6 years

On an oral contract - 4 years

Property damage - 4 years

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: Does a landlord have the right in Georgia to put you out in one day without the proper channels being used?

My landlord and I got into an heated discussion yesterday ( October 26,2019) this happened early in the morning. Later, that night his wife comes to my bedroom door and tells me that they have somebody that's going to start occupying my room in there house Monday October 28,2019. We don't have a... Read more »

Paula J. Mcgill
Paula J. Mcgill answered on Oct 27, 2019

If you pay by the month without a lease that shortens the notice time, the landlord is required to give you 60 days notice.

1 Answer | Asked in Real Estate Law for Georgia on
Q: Do I have a right to privacy & quiet enjoyment if lease says my LL can access the premises at any time/for any reason?

I currently rent one of two rooms in the basement of LL's home which has a private entrance. My LL and her family reside above the basement. At times, she or a family member has come to the basement during or after showering to inquire or complain about my water usage. She does not give notice and... Read more »

Paula J. Mcgill
Paula J. Mcgill answered on Oct 27, 2019

You signed a lease that gave the landlord unlimited access. I've had cases with similar provisions. In those cases, the judge held the tenant to the lease.

If you don't want the landlord to access your room while you are in, use a mobile security bar. They sell them on Amazon. It fits...
Read more »

2 Answers | Asked in Contracts, Personal Injury, Real Estate Law and Landlord - Tenant for Georgia on
Q: What do you call a matter where the Plaintiff’s claims are actually the defendants claims but Plaintiff filed first.

Landlord/Tenant issue

Paula J. Mcgill
Paula J. Mcgill answered on Oct 27, 2019

If a Defendant has claims against the Plaintiff that arises out of the same transaction and occurrence, the Defendant must file a counterclaimat the time an answer is filed unless the matter is in Magistrate Court. You have additional time to file it in that court.

Check the rules or...
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1 Answer | Asked in Employment Discrimination and Employment Law for Georgia on
Q: Can i record a phone call between me and my employer in order to present it in court? Is it legal without his consent?

During my shift a coworker hit me in the head with a bottle and ambulance was called. I called my employer and he said that if I press charges against the coworker, he is going to fire me. I recorded the phone call

Paula J. Mcgill
Paula J. Mcgill answered on Oct 27, 2019

Legally, at least, if both of you were in Georgia or a state that requires only one party consent, the tape recording is legal.

However, if your employer prohibits tape recording on the company's property, you can win the battle, but still lose your job. Check your employee handbook.

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: Can a landlord put you out without any notice?

My landlord and I got into an heated discussion yesterday ( October 26,2019) this happened early in the morning. Later, that night his wife comes to my bedroom door and tells me that they have somebody that's going to start occupying my room in there house Monday October 28,2019. We don't have a... Read more »

Paula J. Mcgill
Paula J. Mcgill answered on Oct 27, 2019

Self help for residential tenants is prohited.

The Landlord has to comply with the lease.

If he wants possession, it has to be demanded. If you don't move after the demand, the landlord must file a dispossessory affidavit in court.

If the landlord throws your items out...
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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...
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