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Georgia Real Estate Law Questions & Answers
0 Answers | Asked in Landlord - Tenant, Consumer Law and Real Estate Law for Georgia on
Q: I have not received a refund for a rental application at East Haven townhomes in Savannah, GA, despite their policy promising a refund within 30 days.

I applied to rent a property at East Haven townhomes in Savannah, Georgia on February 7, 2025. My application was denied on February 11, 2025, after paying application and administration fees, which according to their refund policy, should have been refunded within 30 days of disapproval. It has... View More

1 Answer | Asked in Divorce, Real Estate Law and Family Law for Georgia on
Q: Should I remove my name from the deed without compensation after contributing to the house purchase and being divorced for 8 years?

I contributed to purchasing a house and made the down payment. During my marriage, I also made mortgage payments. We have been divorced for 8 years, and now my ex-spouse is selling the house. My name is only on the deed, and we did not discuss the house during the divorce proceedings. Should I... View More

James Clifton
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James Clifton
answered on Apr 15, 2025

There is a very high likelihood that the divorce decree outlines what happens to real estate owned by the divorcing parties. The language of the divorce decree will need to be reviewed. If it is truly silent on the issue, you still own half of the property and are entitled to half of its value.... View More

2 Answers | Asked in Real Estate Law and Civil Litigation for Georgia on
Q: How to handle neighbor's claim affecting property sale?

Since buying my property in 2017, a neighbor has claimed that a fence built in 2001 is on their land. They mentioned a survey in 2021 but have no documentation, only some markers. I moved my mailbox after discussing it, but I insisted it wasn't on their property. Now I'm trying to sell my... View More

Anthony M. Avery
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answered on Apr 12, 2025

Markers/monuments are physical evidence of a survey. Is your fence on the other side of the markers? If so you may be encroaching on the adjoining property. However the other owner may have acquiesced to the ascertainable boundary (fence) since no suit have been filed. It may be at least a... View More

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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

2 Answers | Asked in Estate Planning and Real Estate Law for Georgia on
Q: How to obtain affidavit of survivorship and TOD deed forms in Georgia?

I am in Georgia and interested in obtaining legal forms related to real estate for a residence, specifically an affidavit of survivorship and Transfer on Death (TOD) deed, as part of my estate planning. These seem simple, but I'd like guidance on how to proceed, including where I can find... View More

Jake  Slowik
Jake Slowik
answered on Apr 10, 2025

I recommend you consult with an estate planning attorney to prepare these documents. There is a statutory form Transfer on Death Deed provided in O.C.G.A. Section 44-17-3. However, a person's specific circumstances often warrant specific modifications or additions to the form to ensure their... View More

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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 Probate and Real Estate Law for Georgia on
Q: Can signing a quitclaim deed help stepmother sell house without probate in Georgia?

My father passed away and owned a house in Georgia, with his name as the only one on the deed. He was married to my stepmother, and his will states that she should receive the house. My stepmother's real estate attorney sent me a quitclaim deed to sign so she can sell the house without going... View More

James Clifton
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James Clifton
answered on Apr 10, 2025

A quitclaim deed transfers any ownership interest you may have in the property to your stepmother without making any warranties of title. Quitclaim deeds are used to show all others that you relinquish any interest you may have. It is common to give quitclaim deeds in probate cases when everyone is... View More

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1 Answer | Asked in Real Estate Law and Civil Litigation for Georgia on
Q: Mortgage paid in full, but no deed of reconveyance received. What should I do?

I received an email from my mortgage company stating that my mortgage is paid in full, but I have not received a deed of reconveyance. I contacted the mortgage company several times, but nothing has been done. I also checked with the county months later and paid to see if they received any deed of... View More

James L. Arrasmith
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answered on Apr 12, 2025

It’s concerning that you’ve paid off your mortgage but haven’t received the deed of reconveyance. Since the mortgage company has confirmed your payment, they are legally obligated to provide you with the deed to release the lien on your property. The first step is to send a formal, written... 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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2 Answers | Asked in Real Estate Law and Contracts for Georgia on
Q: How to transfer house & mortgage to my name after split in GA?

My boyfriend and I bought a house together in Georgia, and now we are splitting up. Both of us are on the deed and mortgage. I plan to buy him out and need to transfer the house and mortgage to my name. We have agreed on the buyout amount, but there is no deadline for the transfer. What steps... View More

James Clifton
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James Clifton
answered on Apr 6, 2025

You need a written agreement regarding the amount to be paid and the date the property will officially change ownership. To transfer the mortgage and take his name off of it, you will also need to refinance. Otherwise, he will remain liable for the debt. The mortgage is a separate document from the... View More

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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

2 Answers | Asked in Real Estate Law and Probate for Georgia on
Q: Need a real estate attorney for Quiet Title Action on abandoned property with unpaid taxes in GA.

I would like to know what kind of real estate attorney I need to handle a Quiet Title Action for an abandoned property. I want to pay the two years of unpaid property taxes, which are liens held by the county, and the property is set to go up for sales auction soon. The previous owner passed away... View More

Anthony M. Avery
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answered on Apr 4, 2025

You must hire a GA attorney that handles real property litigation. And you must cure the delinquent taxes causing the sale now. You can look for an attorney here on Justia for GA.

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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 Collections and Real Estate Law for Georgia on
Q: How to collect a default judgment in GA against a real estate broker?

I received a default judgment on March 28, 2025, for $6,500 against a real estate broker who sold my house to me. I haven't taken steps to collect the money yet. The broker is still operating in Georgia. What actions can I take to start collecting the judgment?

Kent Bailey
Kent Bailey
answered on Apr 2, 2025

A default Judgment operates the same as any other order entered by the court. There are a number of methods available depending on the order itself. To secure the judgment it would be prudent to secure a Fi.Fa. in the county ordered. From there you can negotiate directly with the Defendant, file... View More

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2 Answers | Asked in Divorce, Real Estate Law and Family Law for Georgia on
Q: Do I need spousal permission to sell house bought during marriage?

I'm recently separated from my spouse, though we are not legally separated yet, and I am in the process of filing for divorce. I purchased a home during our marriage, and only my name is on the property title. There is no prenuptial agreement in place. Do I need to get my spouse's... View More

Regina Irene Edwards
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answered on Apr 1, 2025

Yes. The house is marital property, and your spouse may have a legal interest in some of the equity funds.

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Q: Can a Board Certified Naturopathic Doctor open a wellness clinic in Georgia?

I am a Board Certified Naturopathic Doctor planning to open a wellness clinic/spa in Georgia. I intend to offer services such as biofeedback, sauna, red light therapy, footbath, live blood analysis, and supplements. I don't have permits or zoning concerns yet, but I'm curious about the... View More

James L. Arrasmith
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answered on Apr 12, 2025

In Georgia, a Board Certified Naturopathic Doctor (ND) may face certain restrictions when it comes to opening and operating a wellness clinic or spa. While naturopaths are recognized in some states, Georgia does not currently have laws that fully recognize or license Naturopathic Doctors in the... View More

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