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Questions Answered by Paula J. Mcgill
1 Answer | Asked in Consumer Law and Landlord - Tenant for Georgia on
Q: I moved out of an apartment and my landlord is charging me for a stove that caught fire when cleaning team cleaned it

The property management company is charging me for the carpet to be replaced, the walls to be painted, hauling off trash or unwanted items that I moved to the curb for trash pickup...I lived in the apartment for approximately 5 1/2 years. I am asking if these charges are legit? I was under the... Read more »

Paula J. Mcgill
Paula J. Mcgill
answered on Jul 7, 2022

It is not standard for the landlord to pay for carpet and painting when a tenant moves out.

However, whether you are responsible for a portion of the carpet replacement will depend on the condition of the carpet when you moved in, the condition of the carpet when you moved out, and the...
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1 Answer | Asked in Civil Litigation for Georgia on
Q: My in-laws live on my property and share my well. I turned the water off to their home. Can I legally do this?
Paula J. Mcgill
Paula J. Mcgill
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.

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: Landlord changed locks on me but left door open but I don’t have a key

Is there anything I can do to delaying the eviction??

Paula J. Mcgill
Paula J. Mcgill
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...
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1 Answer | Asked in Landlord - Tenant for Georgia on
Q: What is the minimum amount of a lawsuit in Georgia to transfer a case from county Court to State Court for jury trial?
Paula J. Mcgill
Paula J. Mcgill
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...
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1 Answer | Asked in Landlord - Tenant and Tax Law for Georgia on
Q: I am in a rent-to-own in Georgia and my landlord has asked me to pay property taxes. How should I handle this?

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.

Paula J. Mcgill
Paula J. Mcgill
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.

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: I am renting to own and my landlord is forcing me to get my own well. By a certain date.Can she do that?

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?

Paula J. Mcgill
Paula J. Mcgill
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...
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1 Answer | Asked in Landlord - Tenant for Georgia on
Q: Can I get an eviction on my Rental history because I paid late rent but was never evicted?
Paula J. Mcgill
Paula J. Mcgill
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.

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: Can my landlord refuse rent from rental assistance because she doesn't take government money
Paula J. Mcgill
Paula J. Mcgill
answered on Sep 3, 2021

In short, yes.

There is no legal requirement to accept government government to keep you in the house.

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: I informed the tenant I wanted to sell the property. She agreed to move out. She did indeed got a new place May 18.

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 »

Paula J. Mcgill
Paula J. Mcgill
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.

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: Can a landlord evict you or not renew lease for calling code enforcement and calling maintenance for multiple issues?

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 »

Paula J. Mcgill
Paula J. Mcgill
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.

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: Plaintiff dismiss case. of eviction/ monies owed. Illegally evicted me then put a balance on my credit. what can i do?

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.

Paula J. Mcgill
Paula J. Mcgill
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 »

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: Can landlord shut off power during eviction even if it’s not in tenant name?
Paula J. Mcgill
Paula J. Mcgill
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....
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1 Answer | Asked in Landlord - Tenant for Georgia on
Q: Can I be evicted in georgia just cause they want there property back not because you are behind on payments
Paula J. Mcgill
Paula J. Mcgill
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....
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1 Answer | Asked in Landlord - Tenant for Georgia on
Q: The landlord sold the home, whom should I get eviction notice? Have only received a Symon from the landlord.

The new owner has threatened he is going to come throw out my things in 7 days? Is that allowed?

Paula J. Mcgill
Paula J. Mcgill
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 »

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: My lease is up in one day. Can i be put out?

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.

Paula J. Mcgill
Paula J. Mcgill
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 »

1 Answer | Asked in Consumer Law for Georgia on
Q: How can stores require that I wear a mask with these laws in place. How can I do this without breaking the law.
Paula J. Mcgill
Paula J. Mcgill
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.

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.

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