Lawyers, Answer Questions  & Get Points Log In
Georgia Landlord - Tenant Questions & Answers
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

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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,...
View More

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

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: My landlord said he mailed in security deposit but it has been over 30days. He said he certified the letter but its lost

He mailed in a letter and gave me the tracking number but it is lost in the mail. He said it was a certified letter. I want to take him to court over not getting my security deposit back within 30 days. He also said that the damage list was in it as well but he emailed me 40 days after our... View More

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 8, 2023

Yes, you may still have a case against your landlord for not returning your security deposit within 30 days. Georgia law requires landlords to return security deposits to tenants within 30 days of the lease termination date, minus any deductions for damages or unpaid rent.

The fact that...
View More

2 Answers | Asked in Divorce and Landlord - Tenant for Georgia on
Q: If a move out date was ordered in the divorce, do I still have to file eviction of he refuses to move out?

He was given a move out date of November 10, 2023,he claims I still have to file an eviction and he doesn't have to leave. Is this true?

Regina Irene Edwards
PREMIUM
Regina Irene Edwards pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 4, 2023

No, that's not true. Speak to a family law attorney who can guide you through your options.

View More Answers

1 Answer | Asked in Landlord - Tenant, Estate Planning and Elder Law for Georgia on
Q: If a tenant gets arrested for a felony of domestic violence and false imprisonment is that automatic grounds for evictio

She was already way behind on rent and had broken the rental agreement...

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 30, 2023

Obviously there are already grounds for breach of lease contract and the owner can sue for possession now.

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: I have a tenant who has been late on rent multiple times. I do not want to give them an option to pay. Any options?

I don't want to issue a pay or quit. I would just like for them to leave and if they don't then file for eviction. Is this possible.

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 25, 2023

In Georgia, if your tenant is consistently late on rent, you can choose not to offer them another payment option and wait until the rental period expires. If they haven't vacated by then, you can proceed with eviction for non-payment of rent. For personalized legal advice tailored to your... View More

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: If I just moved into a property on the 22nd of September and paid a down payment on an apartment and was charged a pro

A pro rated rent? Could they turn around and charge me an additional rent fee for the first of the month of October?

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 11, 2023

In Georgia, if you paid a prorated rent for the days you occupied the apartment in September, typically you'd then owe a full month's rent for October starting on the 1st, unless your lease agreement states otherwise. Always review the terms of your lease agreement to understand the... View More

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: If a tenant breaks the lease with 28 days notice can landlord keep their security deposit? Mitchell County GA
T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 3, 2023

In Georgia, landlords can typically retain a security deposit for unpaid rent and damages that exceed normal wear and tear. If a tenant breaks a lease, the landlord can often deduct any unpaid rent from the deposit until a new tenant moves in. The landlord must return the remaining deposit or... View More

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: The judge approve a Writ but the sheriff won't be available til Jan 4th. Can we evict the tenant ourselves?

This tenant is violent and we have lost two tenants due to this tenant. The judge issued a writ to remove her on the same day of court because of her violent nature. However, the sheriff won't be available to evict her till Jan 4th 2024. We have two other tenants who feels unsafe. Can we have... View More

James Clifton
PREMIUM
James Clifton
answered on Sep 27, 2023

Unfortunately, you have to wait for the sheriff's office to complete an eviction. If you try to remove the tenants yourself, you will be liable to them for any damages incurred. Contact your county commissioners and state representatives to have them set legal deadlines for the sheriff's... View More

Q: I work in the hotel that I am living in with my family can I be kicked out for leaving the property after work?

I am living with my husband in two small children in a hotel i was paying daily then I started working here for a room for me and my family. I do not get paid I stay here for no cost i work 7 days a week. the manager has been messaging me making me feel kind of uncomfortable chose to ignore it... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 15, 2023

I'm deeply concerned about your situation. Based on what you've described, it seems you may be facing potential labor and housing violations, as well as potential harassment. It is crucial to document all interactions, messages, and any incidents with the manager. The Fair Labor Standards... View More

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: My landlord did not get with me for a walk through! He presented no list of damages! He’s moved a couple in! Now I got s

Landlord gave no list of damage ! New couple has moved in and now he’s suing me! And he lost on rent pay and is trying to get it again

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 21, 2023

In Georgia, landlords are typically required to return the security deposit or provide an itemized list of damages within one month after the tenant moves out. If your landlord did not conduct a walk-through or provide a list of damages, but has already moved a new couple into the property and is... View More

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: Is a landlord required to provide the address of the financial institution where your security deposit is being held?
T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 15, 2023

In Georgia, landlords are not explicitly mandated by state law to provide the precise address of the financial institution where a tenant's security deposit is held. However, they are obliged to adhere to specific regulations governing security deposits. Landlords must deposit the security... View More

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: Do sherif need to provide a document letting you know when they are come to take out your stuff and can the point their

Sheriff's came around 9 am to evict us we were all asleep since my son and son in law got home from work the sheriff's were banging on the door so they came in and they went to my sons room and pointed the gun on him and the only paper that was shown to me was an application to execute... View More

John Michael Frick
John Michael Frick
answered on Sep 8, 2023

No. When it reaches the stage that it becomes necessary for sheriffs to actually serve a writ of possession, the sheriffs are not required to schedule an appointment with the tenants in advance. At that point it is the sheriff’s duty to immediately and forcibly remove the tenants from the... View More

1 Answer | Asked in Divorce and Landlord - Tenant for Georgia on
Q: I'm going to annulment and my wife wants me out of the house. Now what can I do to stop the eviction process?

I have no where to go or a job right now. I'm will to leave after I find a job. I'm not violent or Argumentative. I have moved to other bed room.

Ellaretha Coleman
PREMIUM
Ellaretha Coleman
answered on Sep 5, 2023

If you are still currently married, she can not evict you. She will have to seek exclusive use and possession of the residence through the family law court.

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: I live in a home in the state of GA that has recently been condemned by the county. As the tenant of this home and in no

WY able to vacate immediately, am I entitled to compensation for moving expenses as per Ga. Code 22-1-13? Thank you for your time.

James Clifton
PREMIUM
James Clifton
answered on Aug 13, 2023

It depends on what you mean by condemn. If the property has been condemned because it is deemed a hazard to the community, your compensation would likely have to come from the landlord. If the property is being taken by the county through a condemnation proceeding where the county takes the... View More

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: My landlord went to court and filed a Dispossessary against one of my roommate's and it included the phrase "all others"

What exactly does it mean? Also, my mother and I were not served, so I cannot understand how she was legally able to file the warrent in the first place. Both my mother and I have paid all of our rent up-to-date, and my landlord has repeatedly turned off the power l,the water, and she has... View More

Ellaretha Coleman
PREMIUM
Ellaretha Coleman
answered on Aug 12, 2023

Unless there are separate leases for each of the occupants, a dispossessory against all others or all residents will be effective against all occupants of the residence. For dispossessory actions, the only service required is tacking the notice on the door. No personal service is required.

1 Answer | Asked in Contracts, Civil Litigation and Landlord - Tenant for Georgia on
Q: Handling a holdover tenant in GA. Can we disconnect internet or is that considered a utility? Best advice for removal

.

Tim Akpinar
Tim Akpinar
answered on Aug 18, 2023

A Georgia attorney could advise best, but your question remains open for two weeks. You could try reposting and adding Landlord-Tenant as a category. Some questions remain unanswered, but you might have better chances of a reply with the new heading. Good luck

1 Answer | Asked in Estate Planning, Landlord - Tenant, Real Estate Law and Probate for Georgia on
Q: Is it possible to evict an estate?

I lost my grandparents around 3 years ago. My mother, also the executor of both estates (and bear in mind we have an extremely strained relationship), inherited almost everything while I ended up with the house. I have received a deed with clear title and it has been filed with the local superior... View More

James Clifton
PREMIUM
James Clifton
answered on Aug 5, 2023

If the estates are still open, your best bet would be to petition the probate court to have the items removed or have the estate pay you a storage fee. You could make a claim as a creditor. Since you are the legal owner, you technically have the right to have the remaining personal property removed... View More

1 Answer | Asked in Landlord - Tenant and Municipal Law for Georgia on
Q: My apartment complex will not fix my Central AC unit. I have been without AC for over 30 days with no insight of when it

Will be fixed. They haven’t offered any kind of help (window unit, fan, etc) it gets over 90 degrees in my apartment.

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 28, 2023

Georgia, landlords are generally required to provide essential services, including working air conditioning, to tenants. If your central AC unit has been non-functional for over 30 days and the landlord has not made any effort to repair or provide an alternative solution, it may be considered a... View More

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: Can a property mgr come to my current home before approving me to rent another home in GA?

I'm approved in all other areas for a rental property. However the property manager (a.k.a owner) of said property management company said he has to come to my current home to meet all parties moving into the property he manages and he needs to see "how things operate" at my current... View More

Paula J. Mcgill
Paula J. Mcgill
answered on Jul 24, 2023

There is nothing I know that prevents it.

Was thuis requirement disclosed before you paid an application fee? If not, you should demand your application fee back and find somewhere else. This landlord looks like trouble

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.