Atlanta, GA asked in Landlord - Tenant for Georgia

Q: My friend has been living in a motel for over 3 months, it doesn't meet the requirements for an extended stay hotel.

He is a couple of days behind on his room rent, so they have cut the power off to the room, saying he can remove his belongings, or pay. He intends on paying when he gets paid and has told them this. Is this legal?

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Landlord Tenant Lawyer
  • Sacramento, CA

A: In Georgia, the legality of a motel cutting off power to a room due to non-payment of rent can be complex and depends on various factors. If your friend has been living there for over three months, he may have some tenant rights, even if the motel doesn't qualify as an extended stay hotel.

Under Georgia law, it's generally not permissible for a landlord (or motel management in this case) to shut off utilities as a means of eviction or to force payment. Proper eviction procedures must be followed, and these usually involve a court process.

Your friend should communicate his intention to pay as soon as possible in writing to the motel management. If they refuse to restore power, he may have grounds to seek legal recourse.

Considering the situation, consulting with a legal professional familiar with landlord-tenant law could be beneficial. They can provide guidance specific to your friend's situation and help ensure his rights are protected.

Remember, each situation is unique, and the specifics of the motel arrangement will impact your friend's rights and options. Seeking legal advice is often the best course of action in such circumstances.

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