Tucson, AZ asked in Real Estate Law, Civil Litigation and Landlord - Tenant for Georgia

Q: Can my former tenants win a lawsuit against me - Georgia law ?

I am the homeowner. I had a lease to own contract with a property investor. He had a lease to own contract with the tenants in the house. They attempted to purchase the property and could not receive the funding and passed the due date on the sales contract. 8 months later I evicted them after not receiving rent and sold the home for well over the original sale price.

I am a mil spouse and a veteran, mil spouse law says I can claim previous state of residence as my residency. Which I did. I claim Georgia as my residency while I live elsewhere.

They have filed a civil action law suit against me saying I committed a tort act by claiming GA as my residency and also that I breached the contract. "When I get a judgment against her, I will move forward to collection, regardless of where she is."

Am I in the wrong?

1 Lawyer Answer
James Clifton
James Clifton
  • Landlord Tenant Lawyer
  • Fayetteville, GA
  • Licensed in Georgia

A: Without more information about the complaint filed by the former tenant, it is difficult to say. The tenant would need to specify which tort you committed specifically. Residency isn't a tort. Whether you breached the contract would be determined by the specific language in the contract. From what you have described, it is not 100% certain whether you adhered to the contract completely absolving you from liability.

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