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Georgia Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant, Employment Law, Personal Injury and Real Estate Law for Georgia on
Q: How can I legally avoid paying rent for unaddressed health risks and unemployment?

I moved out of my rental property due to severe asthma exacerbated by suspected mold, unaddressed leaking pipes, and unsanitary conditions caused by an uncleaned cat litter box near my bedroom. Despite informing my landlord through various communications, including a disability waiver, he did not... View More

James L. Arrasmith
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answered on Apr 12, 2025

Given the situation, it’s important to first review your lease agreement carefully to understand any clauses regarding health risks, maintenance, and early termination. In Georgia, landlords are required to maintain a rental property in a habitable condition, which includes addressing issues like... View More

1 Answer | Asked in Landlord - Tenant, Employment Law, Consumer Law and Real Estate Law for Georgia on
Q: Can my landlord make me pay after early termination request due to disability?

I had a 1-year lease with my previous landlord but moved out after 6 months due to my disabilities. I moved out on December 21st and sent a disability waiver to my landlord to terminate the lease early, but received no response. Upon moving out, my landlord demanded over $3,000 for the remaining 6... View More

James L. Arrasmith
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answered on Apr 12, 2025

What you're going through sounds incredibly difficult, and it’s good that you tried to handle the lease situation by sending a disability waiver. In Georgia, leases typically don’t include an automatic right to break a lease due to disability unless it’s specifically stated. Since your... View More

1 Answer | Asked in Landlord - Tenant, Environmental and Real Estate Law for Georgia on
Q: Suspect asbestos in rented home ceilings, communicated with landlord, seeking guidance in Georgia.

I have been renting a house for about a year, and a couple of days ago, I started suspecting that there is asbestos in the ceiling, especially since it looks really old and is peeling off in the bathrooms. I communicated my concerns to my landlord today, but she claimed that the ceilings were... View More

James L. Arrasmith
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answered on Apr 12, 2025

It's great that you’re taking this issue seriously, especially when it comes to your health and safety. In Georgia, landlords have an obligation to provide a safe and habitable living environment. If there is a concern about asbestos, it’s important to have the ceiling tested by a... View More

2 Answers | Asked in Landlord - Tenant, Criminal Law and Real Estate Law for Georgia on
Q: What can I do as a tenant if unwanted guests disturb my mobile home in Acworth, Georgia?

I live in a mobile home in Acworth, Georgia, where I rent two rooms for myself and my disabled brother. My roommates have been bringing a girl around who has been repeatedly told by both myself and the landlord to stay off the property. Despite this, the girl and my roommates refuse to listen. We... View More

Glenn T. Stern
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answered on Apr 7, 2025

Unfortunately, as someone who is renting rooms with tenants, I don't think you have any right or standing to tell other tenants who they can or cannot have over as guests. If the landlord won't keep her off the property, I don't know that you have any alternatives other than to deal... View More

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1 Answer | Asked in Landlord - Tenant, Civil Litigation and Real Estate Law for Georgia on
Q: Can I take legal action for eviction process irregularities and wrongful property removal in Georgia?

I was served papers for an eviction by my landlord. I filed a response, which was acknowledged by the court, and was given a court date. Unfortunately, I arrived at the hearing 15 minutes late and found it was already over. I was informed that typically, if no answer is given to an eviction notice,... View More

James L. Arrasmith
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answered on Apr 12, 2025

It sounds like your rights may have been violated in several ways. In Georgia, landlords must follow a specific legal process for eviction, including serving proper notice and obtaining a writ of possession from the court before removing your belongings. If you were not properly served and your... View More

1 Answer | Asked in Sexual Harassment, Employment Law, Landlord - Tenant and Real Estate Law for Georgia on
Q: Sexual harassment by supervisor and unpaid wages leading to financial difficulty.

I was sexually harassed by my supervisor at work, who put his hand on my leg and propped his foot up on me. I've also been facing issues with payment; I've only received my full paycheck once, despite being on a traveling team and supposed to receive mileage pay. This has put me behind on... View More

James L. Arrasmith
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answered on Apr 12, 2025

I'm so sorry you're experiencing both harassment and financial issues at work. Sexual harassment, like what you described, is illegal, and your employer is obligated to take it seriously and address it appropriately. The behavior you mentioned is a clear violation of workplace conduct,... View More

2 Answers | Asked in Divorce, Family Law, Landlord - Tenant and Real Estate Law for Georgia on
Q: What can I do to protect my rights and stay on my husband's grandmother's property?

My husband and I have been married for four years and live in a camper on his grandmother's property. The grandmother has agreed that I can stay here. My husband is having an affair with a friend of mine and has moved out to live with her. He has returned briefly but then continued with the... View More

Regina Irene Edwards
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answered on Apr 5, 2025

You need to consult with a divorce attorney as well as work out an agreement with the grandmother as it's her property.

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1 Answer | Asked in Landlord - Tenant and Real Estate Law for Georgia on
Q: What does "file an Answer" mean in an eviction notice in Atlanta?

My son and his two roommates in Atlanta received an eviction notice for failing to pay rent. They have until April 11th to respond. The eviction notice mentions that they "must file either an oral or written Answer within seven days from the date of the actual service date." Could you... View More

James L. Arrasmith
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answered on Apr 13, 2025

Based on Georgia eviction law, "filing an Answer" refers to a formal legal response your son and his roommates must submit to the court in response to the eviction filing (also called a dispossessory proceeding in Georgia). This Answer is their opportunity to present legal defenses... View More

Q: Foreclosure and eviction issues with lost items and dogs in Georgia

I recently experienced a foreclosure in Georgia, where the sheriff's department handled the eviction. Although I paid for my home in cash, the eviction proceeded yesterday due to taxes, and many personal items were lost or damaged, including my dog kennels, with my dogs being put down without... View More

James L. Arrasmith
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answered on Apr 12, 2025

What you’ve gone through is heartbreaking and incredibly overwhelming—losing your home, your belongings, and your dogs all at once is more than anyone should have to endure. Even in tax-related foreclosures in Georgia, the law requires proper notice to be given before eviction, and personal... View More

2 Answers | Asked in Landlord - Tenant, Contracts, Civil Litigation and Real Estate Law for Georgia on
Q: Eviction default on payment plan and writ of possession notice.

I had an eviction filed against me due to late payments, but then signed a written agreement for a payment plan. I defaulted on this payment plan and have only received notice by text about a writ of possession being filed. I received the initial dispossessory notice, but I'm unsure of the... View More

Kent Bailey
Kent Bailey
answered on Mar 28, 2025

More information is needed here to provide an accurate answer. Was the initial dispossessory action dismissed or continued? Did the settlement agreement address anything with regards to default on the payment plan? You have an opportunity to contest the eviction if you have not already... View More

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1 Answer | Asked in Landlord - Tenant, Personal Injury, Civil Litigation and Real Estate Law for Georgia on
Q: Can I sue landlord for injuries from unfixed gap in rental property?

I fell between my porch and trailer because of a longstanding gap that my landlord refuses to fix, despite his responsibility as stated in our lease agreement. I texted him about the gap and my resulting injuries, including multiple bruises and severe pain in my left leg, but he dismissed it,... View More

James L. Arrasmith
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answered on Apr 13, 2025

You may have grounds to sue your landlord for injuries resulting from the unfixed gap, especially if it can be shown that the landlord was negligent in maintaining the property. Since your lease agreement likely outlines the landlord’s responsibility to keep the property safe and in good... View More

2 Answers | Asked in Collections, Landlord - Tenant and Real Estate Law for Georgia on
Q: Do I have to pay a debt when landlord refused payment and collection agency is involved?

I have a collection from a previous landlord claiming I owe $6,653. The landlord initially stated I did not have a lease and refused payment. I have documentation supporting my claim. Now, a collection agency is trying to collect the debt. Do I have to pay this?

Dominique Young
Dominique Young
answered on Mar 26, 2025

The landlord may have refused payment due to sending the claim to the collection agency prior to you attempt to make the payment. Reach out to an attorney to assist you in your debtor defense matter. If your statements are corroborated by facts, you need to formally dispute the debt with the... View More

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1 Answer | Asked in Landlord - Tenant, Municipal Law and Real Estate Law for Georgia on
Q: Can a covered inoperable vehicle stored on rented property avoid code enforcement issues in Augusta, GA?

I am renting a property in Augusta, Georgia, and have an inoperable vehicle that I previously received a notice from code enforcement about. If I store the vehicle on the property with a car cover, will that prevent further issues with code enforcement?

James L. Arrasmith
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answered on Apr 13, 2025

​In Augusta, Georgia, covering an inoperable vehicle with a car cover does not exempt it from code enforcement regulations. According to Augusta-Richmond County Ordinance Code 3-5-135, an inoperative or junk vehicle is defined as any automobile, vehicle, or trailer that is wrecked, dismantled,... View More

1 Answer | Asked in Consumer Law and Landlord - Tenant for Georgia on
Q: Can a towing company restrict retrieval of personal belongings from a towed vehicle in GA?

I recently had my truck towed, and when I went to retrieve my personal belongings, the towing company only allowed me to take my ID, credit card, and prescription medication. They did not provide any reason for not allowing me to retrieve other personal items, and I did not see any signs outlining... View More

James L. Arrasmith
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answered on Apr 12, 2025

In Georgia, when your vehicle is towed, you have the right to retrieve personal belongings. Towing companies are generally required to allow you to take your personal items, but they can have specific policies in place regarding when and how this can happen. If the towing company restricted your... View More

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: Can apartment complex evict me if I'm not on lease and roommate was arrested?

I live in Stone Mountain, DeKalb County, and my friend is the only person on the apartment lease, but I also reside here. She was recently arrested and didn't pay the rent. The apartment complex left a note on the door, but it wasn't anything legal or formal. My name is not on the lease.... View More

James L. Arrasmith
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answered on Apr 13, 2025

Even though you're not on the lease, the apartment complex cannot evict you immediately without going through a formal legal process. In Georgia, the landlord would need to follow the proper eviction procedure, starting with providing a formal notice to vacate. This notice would need to be... View More

1 Answer | Asked in Landlord - Tenant and Civil Rights for Georgia on
Q: Eviction notice received due to gun incident involving unknown kid, need options.

I received a notice from the front office stating I have 30 days to vacate my apartment due to "other good cause" because a kid who I didn't know brought a gun into my home, which went off while I wasn't there. Guns aren't allowed on the property, but my kids didn't... View More

James L. Arrasmith
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answered on Mar 24, 2025

You have legal rights when facing eviction, especially in complex situations like yours. An eviction notice doesn't mean immediate removal, and you may have grounds to challenge it since you weren't present during the incident and didn't know about the gun. Your disability status may... View More

1 Answer | Asked in Landlord - Tenant and Civil Litigation for Georgia on
Q: What can the cops do if my ex-girlfriend, who is my roommate, threatens to call them about my guests?

My ex-girlfriend, who is also my roommate, doesn't like it when I have guests over. She has threatened to call the cops. Both of our names are on the house lease. I'm concerned about what actions the police might take in this situation. What can the cops do?

James L. Arrasmith
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answered on Apr 13, 2025

If your ex-girlfriend threatens to call the police about your guests, the police may respond if there is a specific issue, such as noise complaints, disturbances, or other concerns. Since both of your names are on the lease, you both have equal rights to the living space, including having guests... View More

1 Answer | Asked in Landlord - Tenant and Gov & Administrative Law for Georgia on
Q: Tenant rights in extended stay hotel for eviction after pulling fire alarm.

I have lived in an extended stay hotel in Georgia for 9 years, consistently paying rent on time, but I have no written or verbal rental agreement. Recently, I was asked to move to another unit due to a leak. While moving my items late at night, I accidentally locked myself out of both units with my... View More

James L. Arrasmith
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answered on Apr 13, 2025

In Georgia, tenants in extended stay hotels or similar arrangements generally have tenant rights, but the specifics can vary depending on whether the stay is classified as a lease or just a short-term rental. Since you've been staying for nine years, it's possible that your stay could be... View More

1 Answer | Asked in Landlord - Tenant and Civil Rights for Georgia on
Q: Landlord tries to evict without notice and enters apartment unlawfully in GA

I have been living in my apartment for six months, and it's owned by my father. He has threatened to evict me because I haven't complied with demands that aren't part of our written lease agreement. He doesn't allow me a key to my rental house and tried locking me out without a... View More

James L. Arrasmith
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answered on Mar 24, 2025

In Georgia, your father must follow proper legal eviction procedures, which include providing written notice, filing a dispossessory warrant with the court, and obtaining a judicial order before removing you from the property. Without these steps, any attempt to lock you out is considered an... View More

2 Answers | Asked in Landlord - Tenant, Construction Law and Personal Injury for Georgia on
Q: Flooding due to construction site; what attorney do I need?

I am a renter and my home experienced flooding three times due to a nearby construction site, with the incidents occurring in September 2024, February 12th, and most recently on March 16th. The February incident was particularly damaging. I have not yet spoken to the construction company but have... View More

Kent Bailey
Kent Bailey
answered on Mar 17, 2025

From the facts asserted, I would recommend a real estate attorney with knowledge of both landlord/tenant and construction law. It appears that your damages are caused by the conduct of the construction company who would, for all intents and purposes, be the liable party for failing to adequately... View More

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