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Georgia Landlord - Tenant Questions & Answers
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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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Georgia on
Q: How do I legally evict a tenant in Georgia after acquiring ownership due to collateral arrangement?

I acquired ownership of a home in Georgia after it was used as collateral to borrow money, and the home is now officially in my name. However, the previous owner still resides there without paying rent or having a lease agreement. There was documentation related to the collateral arrangement. I... View More

James L. Arrasmith
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answered on Apr 12, 2025

Your situation involves what Georgia law classifies as a "tenant at sufferance" - the previous owner who remains in possession of property after title has transferred to you. Despite the lack of a formal lease agreement, Georgia law provides a specific legal process for removing such... View More

1 Answer | Asked in Contracts, Civil Litigation and Landlord - Tenant for Georgia on
Q: Is storage unit billing error grounds for litigation in GA?

I discovered that my storage units were invoiced inaccurately in December 2024 when a lien was issued. The staff overstated the outstanding balance by more than 50% compared to the invoices they emailed me, which prevented me from paying on time. They moved quickly, shutting down units without... View More

James L. Arrasmith
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answered on Apr 12, 2025

It sounds like you have a valid concern regarding the billing error and improper handling of your storage units. If the storage company overstated the balance and failed to follow proper procedures for the lien under Georgia law, this could be considered a breach of contract. Their failure to give... View More

1 Answer | Asked in Landlord - Tenant and Contracts for Georgia on
Q: Can an apartment complex refuse a payment plan for move-out costs?

Can an apartment complex legally refuse to accept a payment plan for the approximately $3000 I owe, which includes move-out costs and repairs? I had a signed lease that outlined payment terms, but the majority of the charges now are for these move-out expenses. They refused my offer without... View More

James L. Arrasmith
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answered on Apr 12, 2025

Georgia Apartment Payment Plan Analysis

Under Georgia landlord-tenant law, apartment complexes maintain significant discretion regarding collection of move-out charges and are not legally obligated to accept payment plans. Georgia Code §44-7-33 governs security deposit deductions and...
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1 Answer | Asked in Landlord - Tenant and Consumer Law for Georgia on
Q: Is it legal to charge a $25 processing fee without agreement in Georgia?

I live in Georgia and have been charging a $25 monthly processing fee to my tenant for using a money order or check, but there is no verbal or written agreement regarding this fee, and it's not mentioned in the lease agreement. Additionally, there is no notice or sign in my office about this... View More

James L. Arrasmith
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answered on Apr 12, 2025

Charging a $25 processing fee without prior agreement or clear communication in Georgia is likely unlawful. In Georgia, landlords are permitted to collect certain fees, such as application fees or pet fees, provided these are explicitly stated in the lease agreement. Additionally, non-refundable... View More

1 Answer | Asked in Contracts, Civil Litigation, Divorce and Landlord - Tenant for Georgia on
Q: Was I coerced into signing remortgage papers under false pretenses by my wife?

I was coerced by my wife into signing papers to remortgage our home under false pretenses. She assured me our marriage was stable but was secretly planning to leave and using the remortgage funds to pay off her debts. I discovered this after she filed for divorce and found her messages planning to... View More

James L. Arrasmith
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answered on Apr 12, 2025

The scenario you describe presents potential grounds for a claim of fraudulent inducement rather than coercion in the legal sense, as traditional coercion typically involves threats or intimidation while your situation involves calculated deception. Courts often recognize that spouses maintain... View More

1 Answer | Asked in Landlord - Tenant, Civil Litigation and Consumer Law for Georgia on
Q: What to expect in court for a rental car stolen and returned late in GA?

I had a rental car that was stolen from me while I was in Atlanta, GA. The rental company sent me a notice to return the car, which had been stolen, and I hired a private investigator to locate it. Eventually, the car was returned, but I received an affidavit stating I need to appear in court... View More

James L. Arrasmith
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answered on Apr 12, 2025

It sounds like you’ve been caught in a difficult situation due to the theft of the rental car and the subsequent late return. When you appear in court, the rental company will likely present their side of the case, which may include showing that the vehicle was returned after the agreed-upon... View More

1 Answer | Asked in Public Benefits, Family Law and Landlord - Tenant for Georgia on
Q: Legal implications for step-son leaving his mother without support in GA

I'm concerned about a situation involving my step-son's mother, who lives in Georgia and has been denied disability benefits multiple times. My step-son has been providing her with care, transportation to medical appointments, and covering her medical expenses since losing her insurance.... View More

Regina Irene Edwards
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answered on Mar 7, 2025

Unless there is a legal guardianship in place, no one is required to house or care for an adult.

3 Answers | Asked in Bankruptcy and Landlord - Tenant for Georgia on
Q: Can I file Chapter 7 bankruptcy in Georgia with a prior eviction judgment?

I filed for Chapter 7 bankruptcy in 2009 and currently have a consent judgment for eviction in Georgia. With approximately $40,000 in various loans and the potential loss of my job, I'm concerned about my financial situation and ongoing income. Can I file for Chapter 7 bankruptcy again given... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Mar 5, 2025

From your scant offered facts, yes, it appears that your are eligible for bankruptcy relief (bankruptcy discharges of debt must be at least eight years apart.

The Bankruptcy determines eligibility.

It is always advisable to confer with experienced bankruptcy counsel to determine how...
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1 Answer | Asked in Personal Injury, Civil Rights, Elder Law and Landlord - Tenant for Georgia on
Q: Vineville Christian Towers 100. % ignore me. Since about April of 2024 to today . White 65 year old male . Discrim

Bad Reputation. Quite introvert. Defensive

Very fed up . Crime ramped. Nothing’s ever

Done . Survival. Tell and never offer a bit of assistance. True . Down here blacks worst that Marietta where I had to go to court 4 times. Go figure. And Domion no one wanted a minute. Shut up .... View More

James L. Arrasmith
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answered on Jan 5, 2025

You feel like your voice has been ignored for too long, and that can be frustrating. It’s painful when authorities fail to address your concerns or offer the help you need.

You deserve a safe environment where your fears and complaints are taken seriously. When discrimination or...
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1 Answer | Asked in Landlord - Tenant and Criminal Law for Georgia on
Q: Can I sue my Landlord for wrongful eviction and false imprisonment

My twins played in paint on the floor in my kitchen. My landlord unexpectedly showed up the next morning and saw the paint, we had a disagreement and he walked out. I came home from work the next day for lunch break and there was a folder in my door that contained an eviction notice. I cleaned the... View More

Anthony Kozycki
Anthony Kozycki
answered on Dec 9, 2024

I am very sorry to hear of your circumstance. I can only imagine how stressful this must be during this time of year. Based on what you are describing, it sounds like you have a very strong defense to the criminal case. Ask the court how you can apply for a court-appointed attorney. Depending on... View More

1 Answer | Asked in Criminal Law and Landlord - Tenant for Georgia on
Q: Pausing or overturning an eviction, currently facing felony charges damages that don’t exist

My landlord is evicting me for damages to my apartment and past due rent. I have lived in my apartment since April of 2020 and haven’t had to pay rent due to my apartment being income based. The damages was washable paint my 4 year old twins got on the floor that I cleaned up. I’ve been... View More

Anthony Kozycki
Anthony Kozycki
answered on Dec 10, 2024

There are some organizations that specialize in providing assistance in these types of situations. The Atlanta Volunteer Lawyer Foundation has a website with helpful information: https://avlf.org/get-help/landlord-tenant-disputes/

1 Answer | Asked in Family Law, Real Estate Law, Landlord - Tenant and Probate for Georgia on
Q: on a special warranty deed with husband and wife name followed by "joint tenancy", are rights of survivorship automatic
James Clifton
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James Clifton
answered on Oct 29, 2024

If the tenancy was intended to be joint tenancy and not tenancy in common, survivorship rights should be automatic. If that is the case, the only thing necessary to vest title in the survivor would be a Affidavit of Survivorship and a copy of the death certificate. A complete review of the deed... View More

1 Answer | Asked in Civil Rights and Landlord - Tenant for Georgia on
Q: If you have a storage unit in ga can the cut your lock if you are 15 days late & take pics for sale of unit
James L. Arrasmith
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answered on Oct 26, 2024

It sounds like you're worried because your storage facility in Augusta cut your lock after you were 15 days late on payment and took pictures of your belongings. In Georgia, storage facilities often have policies that allow them to take certain actions when payments are overdue. Cutting the... View More

1 Answer | Asked in Consumer Law, Civil Rights and Landlord - Tenant for Georgia on
Q: We disagree with signing a 54 page document that a corporate leasing company has sent us. What can we do?

If we sign this lease we are waiving our rights to take this corporation to court in any way, shape or form. If we don't sign this lease we will be held to a month to month lease at a much higher rate or evicted.

We just discovered the FTC rulings against this business and HB 404 (in... View More

James L. Arrasmith
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answered on Oct 19, 2024

You have several options to consider in this situation. First, carefully review the lease terms with a trusted attorney to understand the implications of signing versus not signing. It’s important to know your rights and any potential consequences fully.

Given the FTC rulings and HB 404...
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1 Answer | Asked in Contracts and Landlord - Tenant for Georgia on
Q: Hi I want to get out of my lease with receiving my deposit back my lease isn’t up until Feb 2025 but there are rodents

Infested within the home that I was unaware of I contacted my landlord in March and she told me to by rat traps which I did and since have caught 9 rats and there is something still in the home that’s leaving rat poop and has chewed through the walls . You can hear something moving around in the... View More

Kent Bailey
Kent Bailey
answered on Nov 3, 2024

Given what you have described in your question, it appears that you may qualify for termination of your lease under what is known as a "Constructive Eviction". A review of the terms of the lease would be necessary to advise specifically, however, I recommend that you speak with an... View More

1 Answer | Asked in Civil Rights and Landlord - Tenant for Georgia on
Q: I'm in the process of being evicted but the property manager mistaken and renewed my lease can I still be evicted in GA

I went to court for non rent payment and was given an eviction which my lease terminate on Sept 30 but the office manger renewed my lease so does it mean that I don't have to leave and does she need to do the eviction process all over

James L. Arrasmith
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answered on Oct 2, 2024

If your lease was renewed by the property manager after the court ordered your eviction, it may change your current situation. The renewal could mean that your tenancy is extended under the new lease terms, potentially pausing the eviction process. However, it's important to confirm the... View More

1 Answer | Asked in Landlord - Tenant, Real Estate Law and Small Claims for Georgia on
Q: Bought property which has a couple had rented n put trailer on I evicted them been 30 days no one has claimed trailer

Or moved it off my property what do I do next

James L. Arrasmith
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answered on Sep 9, 2024

First, check your local and state laws regarding abandoned property or vehicles, as these can vary significantly. Often, there is a specific process for handling abandoned trailers or personal property left on your land after an eviction. You might need to post a notice on the trailer and send a... View More

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