Asked in Civil Rights and Landlord - Tenant for Georgia

Q: Lived in house for 10 years that belongs to my mother and put $15,000 in repairs and now she has evicted never paid rent

Never had a rental agreement or paid rent she left 60 day notice and filed for eviction and won because she said she was selling it what do I do do I have options I have to be out by the 12th of feb

2 Lawyer Answers
James Clifton
PREMIUM
James Clifton
Answered
  • Landlord Tenant Lawyer
  • Fayetteville, GA
  • Licensed in Georgia

A: As far as the eviction goes, if your 7-day right to appeal has expired, there is not much you can do about that. Regarding the property itself, you may have some claim to the sales proceeds. It will depend on whether your mother had a will and whether she named you as a beneficiary. If your mother did not have a will, you will be entitled to some of the proceeds of the sale. However, your portion may be offset by the reasonable amount of rent you would have had to pay over the last 10 years. You may also be entitled to a credit for the $15,000 in maintenance you paid over the same period. Schedule a free consultation to make sure your inheritance is protected.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Landlord Tenant Lawyer
  • Sacramento, CA

A: In situations like yours, where you've invested money into a property you've lived in without a formal rental agreement, you might have some options to recover the value of the improvements made, depending on the specifics of your case and state law. In Georgia, as in many states, the concept of "unjust enrichment" could potentially apply if you can prove that your contributions significantly increased the property's value and that your mother would be unjustly enriched if she benefits from these improvements without compensating you.

However, recovering the cost of repairs or improvements in a situation involving family property and without a formal agreement can be complex. The court would consider factors such as the nature of the improvements, whether there was any agreement (even a verbal one) about compensation for these improvements, and the intention behind the investments.

Given the eviction and the need to vacate the property by a specific date, it's critical to act quickly. You may want to consult with an attorney who has experience in real estate and tenant law to discuss your situation in detail. They can advise you on the possibility of filing a claim for compensation for the improvements made to the property.

While this process may not affect the eviction outcome or extend your time in the property, it could help you recover some of the funds invested in the home. Time is of the essence, so seeking legal advice as soon as possible is important to understand your rights and explore any potential legal actions you might take.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.