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Questions Answered by Paula J. Mcgill
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... View 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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2 Answers | Asked in Real Estate Law, Land Use & Zoning, Estate Planning, Landlord - Tenant and Probate for Georgia on
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... View More

Paula J. Mcgill
Paula J. Mcgill
answered on Aug 17, 2019

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...
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2 Answers | Asked in Family Law and Child Custody for Georgia on
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
Paula J. Mcgill
Paula J. Mcgill
answered on Aug 17, 2019

What papers?

Is a settlement agreement, a petition, a motion, or an answer/response?

What do you want to change on that document?

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1 Answer | Asked in Landlord - Tenant for Georgia on
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... View More

Paula J. Mcgill
Paula J. Mcgill
answered on Aug 15, 2019

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.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Georgia on
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.

Paula J. Mcgill
Paula J. Mcgill
answered on Aug 14, 2019

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...
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1 Answer | Asked in Landlord - Tenant for Georgia on
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?

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

The lease may tell you how much time she has to give you.

If the lease is silent, it's 60 days.

1 Answer | Asked in Landlord - Tenant for Georgia on
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.

Paula J. Mcgill
Paula J. Mcgill
answered on Jul 31, 2019

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.

1 Answer | Asked in Landlord - Tenant for Georgia on
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... View More

Paula J. Mcgill
Paula J. Mcgill
answered on Jul 30, 2019

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...
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1 Answer | Asked in Landlord - Tenant for Georgia on
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?

Paula J. Mcgill
Paula J. Mcgill
answered on Jul 29, 2019

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...
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1 Answer | Asked in Landlord - Tenant for Georgia on
Q: Is it okay if I have a washing machine running in my backyard
Paula J. Mcgill
Paula J. Mcgill
answered on Jul 25, 2019

It all depends on the lease and any HOA limits.

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: Can a landlord take a tenant to court without trying to resolve the issue with the tenant first
Paula J. Mcgill
Paula J. Mcgill
answered on Jul 25, 2019

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.

1 Answer | Asked in Real Estate Law, Animal / Dog Law and Civil Litigation for Georgia on
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.

Paula J. Mcgill
Paula J. Mcgill
answered on Jul 8, 2019

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.

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: Is it legal for a landlord to send an eviction notice 5 days after a tenant makes a plumbing maintenance request.
Paula J. Mcgill
Paula J. Mcgill
answered on Jul 5, 2019

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.

1 Answer | Asked in Civil Litigation for Georgia on
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 ?

Paula J. Mcgill
Paula J. Mcgill
answered on Jun 24, 2019

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.

4 Answers | Asked in Child Custody and Family Law for Georgia on
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... View More

Paula J. Mcgill
Paula J. Mcgill
answered on Jun 24, 2019

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.

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3 Answers | Asked in Child Support and Family Law for Georgia on
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

Paula J. Mcgill
Paula J. Mcgill
answered on Jun 20, 2019

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.

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2 Answers | Asked in Family Law and Child Custody for Georgia on
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.

Paula J. Mcgill
Paula J. Mcgill
answered on Jun 11, 2019

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...
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1 Answer | Asked in Landlord - Tenant for Georgia on
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... View More

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

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...
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1 Answer | Asked in Landlord - Tenant for Georgia on
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?

Paula J. Mcgill
Paula J. Mcgill
answered on May 28, 2019

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... View More

2 Answers | Asked in Family Law for Georgia on
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?

Paula J. Mcgill
Paula J. Mcgill
answered on May 24, 2019

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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