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Georgia Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for Georgia on
Q: Early Termination by Tenant clause - Explanation needed.

We have the Early Termination by Tenant clause in our rental lease. Our lease ends on May 31st 2024. We gave notice on December 29th 2023. How much do we pay? Is it 35% after we gave notice (which is 35% from Jan to May rent) or 35% of the months rent after we vacate ((which is 35% from Mar to May... View More

T. Augustus Claus
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answered on Feb 15, 2024

The early termination clause in your Georgia lease agreement specifies that upon early termination, the tenant is required to pay 35% of the sum of the rental payments remaining for the current lease term. The ambiguity arises from whether this calculation should start from the date notice was... View More

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: How long do I have till I have to move?

I've lived here for 8 yrs with the owner. He passed away 2 weeks ago. His girlfriend who doesn't live here typed a letter telling me I had 30 days to move. But I had an agreement with my roommate (owner).

James L. Arrasmith
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answered on Feb 23, 2024

Given your situation, it's important to understand your rights as a tenant and the legal process that may apply in this circumstance. Generally, when a property owner passes away, the disposition of the property and the rights of tenants can be governed by state laws and any existing lease... View More

2 Answers | Asked in Civil Rights and Landlord - Tenant for Georgia on
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

James Clifton
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James Clifton
answered on Feb 3, 2024

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... View More

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1 Answer | Asked in Contracts and Landlord - Tenant for Georgia on
Q: I’ve been in my apartment for about 8 years and I have been constantly asking for new doors cabinets and now my furnace

Is not working been a week now what options do I have

T. Augustus Claus
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answered on Feb 1, 2024

In Georgia, tenants have rights regarding the habitability of their rental units. If you've been experiencing issues with your apartment, such as faulty doors, cabinets, or a malfunctioning furnace, you have several options. First, you should notify your landlord or property management company... View More

1 Answer | Asked in Criminal Law, Landlord - Tenant and Real Estate Law for Georgia on
Q: Rental property next door is being used for drug trafficking and I want the owner to evict criminal tenants

My next-door neighbor was arrested for drug trafficking and the residence has been under surveillance for the past 6 months. Last week, several police cars, the SWAT team, and detectives showed up with a search warrant. They confiscated evidence and arrested him. He is being held without bail and... View More

Joel Gary Selik
Joel Gary Selik
answered on Jan 22, 2024

While the owner may not be required to evict the tenants, the landlord could be sued for maintaining a nuisance. Additionally, if the landlord continues to rent to the criminals, the landlord could face criminal prosecution.

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: What do I do if I wasn't served personally? Nor was it on tack on my door and it came in mail 2 day too late?

My roommate who lives in the same apartment can confirm nothing was on the door that day. We have a witness that we were not properly served an eviction notice but still being made to get out. The courts failed to make sure I got it. there was no 24 or 48 hour follow up either. Therefore I was... View More

T. Augustus Claus
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answered on Jan 19, 2024

If you were not personally served with an eviction notice and it was not posted on your door, you may have valid concerns about the legality of the service. The fact that your roommate can confirm that nothing was on the door on the specified day provides valuable evidence supporting your claim.... View More

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: Can I be evicted from an extended stay hotel after being there for 100 days because of late payment?

In the state of Georgia

T. Augustus Claus
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answered on Jan 11, 2024

In Georgia, eviction laws typically apply to traditional landlord-tenant relationships and may not directly apply to extended stay hotels. However, the terms of your agreement with the extended stay hotel, outlined in your rental contract, will dictate the specifics of your situation. If... View More

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: Iv live for 4 yrs in the home. I am now being told by the home owner that I do not have access to the living room.
T. Augustus Claus
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answered on Jan 1, 2024

If you have been living in a home in Georgia for four years and the homeowner is now telling you that you do not have access to the living room, it raises concerns about your rights as a tenant. Generally, tenants have the right to access common areas of the rental property, which may include the... View More

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: Can i take possession of items abandoned on my personal property after a certain time period?

I was renting, no written lease, a storage unit located on my property. The owner of the contents died more than 3 years ago and the administrator of his estate has not come forward to pay accumulating rent and claim items. Can I take possession of the contents, including an antique car and sell... View More

T. Augustus Claus
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answered on Dec 27, 2023

In the scenario where you were renting a storage unit on your property without a written lease, and the owner of the contents passed away more than three years ago with no action from the estate administrator, the legal standing to take possession of the items can be complex. Georgia laws typically... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Georgia on
Q: elderly couple died natural auese- next of kin in Oregon will not claim belongings- how can I remove their belongings?

I cannot figure out how to use your website

please me navigate it

do you need more information

real estate landlord tenant question - I am the owner of the property and need to clear out former tenant belongings

I am 80 yrs with limited ability on a computer and... View More

James Clifton
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James Clifton
answered on Dec 27, 2023

If no representative of the estate has been appointed, the possessions of the deceased are still in the house, and no rent has been paid, you can file for eviction. You can also make a claim against the estate for unpaid rent if probate is ever opened.

1 Answer | Asked in Communications Law, Landlord - Tenant and Civil Litigation for Georgia on
Q: How long does a lot owner have to give a mobile home owner to remove the mobile home from the lot?

Mobile home was left to my sister and I by my late father in 2021 and the land owner never communicated any expectations, demands, etc to my sister or I after inheriting the mobile home following the death of our father, the original home owner. Now he's threatened to remove the home himself... View More

James L. Arrasmith
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answered on Dec 21, 2023

In Georgia, the specific time frame a landowner must give a mobile home owner to remove their property from the land can vary based on several factors, including the terms of any lease or agreement and local regulations. However, if there's no existing lease or agreement specifying this,... View More

1 Answer | Asked in Family Law and Landlord - Tenant for Georgia on
Q: I want to kick my step daughters boyfriend out my house but my wife won't let me.

They moved in over a year ago they didn't want to pay rent so they could save up for there own place. We said he had to have a job and they had to buy the food and snacks for her 2 daughters that have been Living with me for 4 years now while she got on her feet. He worked first week here... View More

Regina Irene Edwards
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answered on Nov 30, 2023

Your wife has just as much right to invite people to live or not live there as you do. So, you can try to kick him out - she can let him back in.

1 Answer | Asked in Consumer Law, Civil Litigation, Civil Rights and Landlord - Tenant for Georgia on
Q: What are the basics of predatory practices through a property management company?

I want to know what grounds do I have as a tenant to fight for my rights against an awful and unfair property management company that preys on low income families?

James L. Arrasmith
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answered on Nov 24, 2023

Predatory practices by a property management company can take various forms, such as unfair lease terms, excessive fees, or failure to maintain safe and habitable living conditions. As a tenant, you have rights protected under Georgia law and possibly local ordinances.

Firstly, familiarize...
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1 Answer | Asked in Contracts, Real Estate Law, Landlord - Tenant and Small Claims for Georgia on
Q: We've been in a rent to own house for about 6-7 months now, we got it as is and the landlord lied about what was needed.

Now we have ran into leaking pipes, he won't pay for it to be fixed, the wood is rotted in my kids bedroom from water damage. He said he self insures, and he won't fix water damage even though the floor could fall through. He said it covers if the house catches fire or a tornado blows it... View More

Anthony M. Avery
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answered on Nov 27, 2023

You own nothing but a lease with an option. You might want to move unless the owner will give you a deed in exchange for a note secured by a mortgage. Usually renters are evicted and all monies paid in are forfeited.

1 Answer | Asked in Landlord - Tenant, Estate Planning and Probate for Georgia on
Q: Can a person that is a temporary administrator determine who can live in the deceased’s home or who needs to be evicted?
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answered on Nov 21, 2023

No, a temporary administrator does not have the authority to determine who can live in the deceased's home or who needs to be evicted. This is because a temporary administrator is only appointed to manage the estate of the deceased until a permanent administrator or executor is appointed. The... View More

1 Answer | Asked in Landlord - Tenant, Child Support and Libel & Slander for Georgia on
Q: I live with a friend and pay rent + electricity. My girlfriend also lives with us, but does not pay. I want her out.

I recently broke up with my girlfriend, who has no job and pays nothing, but lives with me in my friend's house. She then abruptly revealed that she is pregnant, a child I do not want. She agreed at first and scheduled an appointment to have an abortion, but is now changing her mind, holding... View More

Regina Irene Edwards
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answered on Nov 19, 2023

1. In Georgia she is allowed to record without your consent.

2. You can't evict her because it's not your house. You certainly can move if you want to be away from her.

3. You can't force her to have an abortion.

4. She can have the baby and seek child...
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1 Answer | Asked in Landlord - Tenant for Georgia on
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... View More

Paula J. Mcgill
Paula J. Mcgill
answered on Nov 16, 2023

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.

1 Answer | Asked in Landlord - Tenant for Georgia on
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?

James L. Arrasmith
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answered on Nov 17, 2023

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.... View More

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: Can a landlord enter the home if it’s a none emergency in Georgia to take pictures when it states in the lease

With tenants concurrence. I don’t agree to this. Feel like my rights are being violated

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answered on Nov 10, 2023

landlords have the right to enter your home for reasonable purposes, such as to make repairs or to inspect the property. However, landlords must give you reasonable notice before entering your home, and they cannot enter your home without your consent if you are not home.

In Georgia,...
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1 Answer | Asked in Landlord - Tenant for Georgia on
Q: Landlord put my belongings outside and damaged my tv. No eviction was filed

My landlord put my stuff outside. I’m the process my television was broken and a few pairs of shoes wher scuffed…the rent was due by the 5. This happened on the 6. Police where called a report was made. Today is the 9 and no eviction has been filed

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answered on Nov 9, 2023

Landlords are not allowed to self-evict their tenants. This means that landlords cannot simply put their tenants' belongings outside or change the locks without first obtaining a court order. If a landlord does self-evict a tenant, the tenant may be able to sue the landlord for damages.

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