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Questions Answered by Michael D. Birchmore
1 Answer | Asked in Real Estate Law for Georgia on
Q: Is a lease agreement considered terminated if a new tenant moved in and begins paying rent?

A landlord gave me written permission to leave my lease early. After I told her the date that I wanted to leave she said I would only have to pay rent if a new tenant did not move in. The landlord successfully found a new person to move in and they did so two days after I moved out. The landlord... View More

Michael D. Birchmore
Michael D. Birchmore
answered on Aug 20, 2021

The answer should be contained in the language of the lease itself. Look to the lease. It will be interpreted literally.

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Georgia on
Q: I rent commercial property, and I would like to know where I can take my rent money to be held until repairs are made.

the air conditioner is not working I have tried to have it fix but it is not a minor repair, this the landlord should have repaired but he doesn't want to talk about it. And I'm afraid that if I keep paying him he will not fix it. and if I do not pay he will threaten to evict me and kick... View More

Michael D. Birchmore
Michael D. Birchmore
answered on Aug 20, 2021

It sounds like you are in a business arrangement. I have always advised folks that if they are going to be in business, then BE in business. By this I mean that what you are doing here is a business matter. Because this situation involves too many moving parts, it cannot be adequately addressed... View More

2 Answers | Asked in Criminal Law and Family Law for Georgia on
Q: My spouse took my guns that were left to me by my mother and refuse to return them. Can I file charges against him?
Michael D. Birchmore
Michael D. Birchmore
answered on Aug 18, 2021

You aren't going to be able to effectively prosecute your spouse unless you are planning to divorce him.

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1 Answer | Asked in Banking and Child Support for Georgia on
Q: I'm an currently being a victim of a scam , the individuas are posing as collection agency, they aquired all informatio

They posed as child support to personal bank and put Lien on funds and took before negotiation or court hearing.

Michael D. Birchmore
Michael D. Birchmore
answered on Aug 18, 2021

I cannot argue with you since you have the paperwork for what you have said occurred. At least I would hope that you do.

Having represented a number of banks over many years, I cannot believe the bank simply turned over the funds. The bank would first need a court order specifically...
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1 Answer | Asked in Foreclosure, Real Estate Law, Landlord - Tenant and Legal Malpractice for Georgia on
Q: The indenture date on the deed under power has the 3rd Tues, shouldn't it be dated the 1st Tues to be a forclosur sale?

The lender foreclosure/indenture date of sale is the 3rd Tues, instead of the 1st Tues. The purchaser that bought the house from the lender has all the foreclosure fees in the HUD STATEMENT. Sale date is the 3rd Tues.

Can a lender avoid going to the court house steps & sell/foreclose on... View More

Michael D. Birchmore
Michael D. Birchmore
answered on Aug 18, 2021

Your second paragraph is answered "It depends." The devil is in the wording of the documents.

The first paragraph does not ask a question.

If your question is only one question involving both paragraphs, again the answer would be "It depends."

1 Answer | Asked in Real Estate Law for Georgia on
Q: I am looking for an attorney that will represent a homeowner that specializes in interpreting HOA Documents.

HOA documents are dated. The Developer turned this community over to the HOA in 2005. the documents say that a home must be completed in 12 months or less. That would be impossible to do in normal times and certainly now that we are dealing with so many delays. Also, HOA says no fences and they... View More

Michael D. Birchmore
Michael D. Birchmore
answered on Aug 18, 2021

You should hustle now and sit down with an attorney who litigate real property (land) issues. You will not get a quick answer. First, the attorney is going to have to scour the county deed/land records before he/she will even know what is and isn't allowed. Don't wait. Run quickly to... View More

1 Answer | Asked in Landlord - Tenant, Contracts and Real Estate Law for Georgia on
Q: Is it safe to rent or to a tenant due to COVID 19
Michael D. Birchmore
Michael D. Birchmore
answered on Aug 18, 2021

Sorry. This is not a legal question. You'll have to figure this one out on your own.

2 Answers | Asked in Family Law for Georgia on
Q: Cps took my daughter from the hospital when she was born. It has been 3 years what can I do
Michael D. Birchmore
Michael D. Birchmore
answered on Aug 10, 2021

Wow! 3 years and you have done nothing? The only way for you to obtain valid information is for you to meet with a qualified attorney to discuss all the facts of your situation.

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1 Answer | Asked in Real Estate Law for Georgia on
Q: I purchased a vacant lot. There was a sculpting on the land. The neighbor, the artist has removed it from my property

Do I just let him have it? The survey noted on the survey at closing "Neighbor's Art Over Property Line" He didn't contact me. He just came onto my property and took it.

Michael D. Birchmore
Michael D. Birchmore
answered on Aug 10, 2021

The land is called "real" property. Anything on it that is not attached or 'connected' to the real property is called 'personal' property. Because the sculpture was not 'connected' to the land it was personal property that the owner (sculptor) could remove.... View More

4 Answers | Asked in Divorce for Georgia on
Q: Hello. Can I file for divorce if there is a TPO granted to my husband against me in Georgia? Thank you.

I know I have to hire a lawyer in GA.

Michael D. Birchmore
Michael D. Birchmore
answered on Aug 10, 2021

You certainly may file for a divorce.

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2 Answers | Asked in Child Custody, Child Support and Family Law for Georgia on
Q: How do I go about getting custody of my child or doing child support When I live in a different state

Mother of My 4 month old son is refusing to let me see him unless I am with her in a relationship

Michael D. Birchmore
Michael D. Birchmore
answered on Aug 6, 2021

If you were not married to the mother, then you have absolutely NO rights whatsoever to the child. You are going to have to file a petition (complaint/lawsuit) in the Superior Court of the county in which the child lives. Only when you do this will you ever have an opportunity to see the child.... View More

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1 Answer | Asked in Civil Litigation for Georgia on
Q: Can an adult do a religious exempt form for college in GA?
Michael D. Birchmore
Michael D. Birchmore
answered on Aug 5, 2021

Your question makes no sense. What are you wanting to do? What concerns you about getting what you want? You must explain your situation so that we can understand the context and substance of your question/concern. Try stating your question again and add more information this time.

2 Answers | Asked in Family Law for Georgia on
Q: I have a question pertaining to Georgia family law

I am a stepfather and have filed for custody rights under the Equitable caregivers Act of 2019 19 - 7 - 3.1 I have some very specific questions regarding repeals of laws given the fact that I am now allowed to file for custody rights of a child as a non-biological person

Michael D. Birchmore
Michael D. Birchmore
answered on Aug 2, 2021

As you have posed no question(s), we cannot provide any answer(s). You should meet with a domestic law attorney who will be able to discuss your questions with more information.

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1 Answer | Asked in Real Estate Law for Georgia on
Q: We closed, as buyers, 2 months ago but our home is still listed as "Pending." Isn't there a time limit to list as sold?

This matters to me because the other homes listed for sale in my neighborhood do not see our purchase price. (over asking) This could end up affecting our resale value.

***Edit***

I must not have made myself clear. I want people to see what we paid. The MLS still shows our house... View More

Michael D. Birchmore
Michael D. Birchmore
answered on Jul 30, 2021

If you are worried that someone will learn what you paid, you should know that this information is readily available on multiple state websites without charge. If you are simply being bothered by nosey neighbors wanting to know what you paid, just be honest with them. Tell them that you would... View More

2 Answers | Asked in Family Law and Child Custody for Georgia on
Q: Can the other parent restrict the other from visitation based on awaiting Covid results? Court appointed
Michael D. Birchmore
Michael D. Birchmore
answered on Jul 30, 2021

The best response I can provide would be to tell you -- it depends. The law in general is always going to boil down to precisely what has happened and precisely what has occurred in court and precisely what court rulings have been made. Your question assumes that a "yes" or... View More

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2 Answers | Asked in Family Law and Criminal Law for Georgia on
Q: Can a defendant’s testimony be null and void if the defendant is under guardianship due to actions before court

I recently testified in court for a restraining order on late July and got the order extended due to admitting guilt. The guardianship was recommended by the police to my mother on early May due to many encounters with them. My parents are now planning to file guardianship over me and my question... View More

Michael D. Birchmore
Michael D. Birchmore
answered on Jul 29, 2021

There are too many moving parts to your question which prevents us from providing a satisfactory response for you. It sounds like you will need to speak with a criminal defense attorney or just wait and see what your situation is after the guardianship question has been decided.

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1 Answer | Asked in Civil Litigation for Georgia on
Q: After you file a response and counterclaim in custody dispute in Georgia what is the law on when a hearing is supposed

To be held?

Michael D. Birchmore
Michael D. Birchmore
answered on Jul 27, 2021

The Court will set the time for all the hearings in a case. If you are a proper party to the case, you will receive notice of the hearing.

1 Answer | Asked in Child Custody for Georgia on
Q: After being served with custody papers in Georgia what is the time limit for having a hearing

Where the defendant can give their side of story

Michael D. Birchmore
Michael D. Birchmore
answered on Jul 26, 2021

If you have been served with papers, this is not the question you should be asking. Instead, you should meet with an attorney now to discuss the timelines for you to respond. This response will need to be filed and served well before the time when you will have a hearing.

3 Answers | Asked in Divorce for Georgia on
Q: Is a Summons required with new filing for Motion to Modify Final Order in Fulton County Superior Court family division
Michael D. Birchmore
Michael D. Birchmore
answered on Jul 26, 2021

A Summons must be filed and served in every new action.

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1 Answer | Asked in Real Estate Law for Georgia on
Q: Can tenant withhold rent when utilities are cut off due to landlord's failure to pay?

in Mississippi

Michael D. Birchmore
Michael D. Birchmore
answered on Jul 25, 2021

You are asking GA attorneys about a MS legal issue. You need to put the question in front of the MS attorneys. Resubmit the question and be sure you are sending everything to the correct attorneys.

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