Atlanta, GA asked in Landlord - Tenant for Georgia

Q: My landlord submitted an immediate writ of possession due to me stopping rental payments for not repairing home.

I’m renting a property that I have informed landlord of maintenance repairs needing to be done back on May 23rd 2023 and again on 8/8/2023 landlord filed for writ of possession immediately due to me not paying rent for uninhabitable home. They sent a maintenance man out on 8/9/2023 who only checked the water heater but landlord told me I had to pay the rent so that they can use that to pay the maintenance man for the repairs to be done. It’s now November and I’m trying to get these repairs done so me and my son can move back home. However with the writ of possession already active I’m not sure what my options are. I contacted the broker company who states they have been communicating with me and trying yet the home is still in terrible condition and they only reached out to me over the past 6 months in regards to me paying rent. I still have all files from U.S. communicating and I wanted to go to court but they filed for writ of possession immediately.

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1 Lawyer Answer
Paula J. Mcgill
Paula J. Mcgill
  • Landlord Tenant Lawyer
  • Marietta, GA
  • Licensed in Georgia

A: The only way the landlord gets an immediate writ is if you did not answer the dispossessory affidavit within 7 days after service. Call the court to ask when you were served. If you still have time to answer, answer the affidavit and include your counterclaim for failure to repair.

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