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Georgia Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for Georgia on
Q: I rent my home and have 4 adult children living with me I need my son to move out

I rent my home and have 4 adult children living with me and my middle son is 25 and becoming increasingly hard to deal with. Verbally aggressive and very disrespectful. I wanted to know what I can do to have him leave my home? /move out! I don’t want things to escalate to violence as I’m doing... Read more »

Homer P Jordan IV
Homer P Jordan IV answered on Oct 19, 2020

Considering your son is an adult and you no longer want him living in the home you can ask him to leave. If he refuses, you can take a legal route to ensure that he moves out. If he refuses to leave, consult with an attorney who can help you with your options to move forward.

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Georgia on
Q: Do tenants have a legal right to receive a receipt for paid rent in Georgia? Because I'm having issues with management
Seth Meyerson
Seth Meyerson answered on Oct 15, 2020

As long as you do not pay with cash you should have a record of your payment.

1 Answer | Asked in Civil Litigation and Landlord - Tenant for Georgia on
Q: A guest at a hotel has my property & refused to pay the hotel. The hotel won't return my property to me. What to do?

He had a musical instrument in the room. He has now left without paying. The hotel owner has taken it home and will not return it to me until the guest pays his bill. What do I do?

Seth Meyerson
Seth Meyerson answered on Oct 7, 2020

You may sue for replevin -- the return of the property.

1 Answer | Asked in Criminal Law and Landlord - Tenant for Georgia on
Q: I have a landlord who came over without my consent and took his tractor dumped my golf cart over is that criminal damage
Seth Meyerson
Seth Meyerson answered on Oct 2, 2020

You should call the police and see if they will take it up as criminal trespass or the like. You might also sue civilly for trespass. See an attorney

1 Answer | Asked in Civil Litigation, Criminal Law, Landlord - Tenant and Small Claims for Georgia on
Q: I was jumped by 2 Customers and Employee. Can I sue the company?
Priscilla T. Upshaw
Priscilla T. Upshaw answered on Sep 17, 2020

The answer to your question depends on the details surrounding the incident, and without more information, it is difficult to provide you with a definitive answer. For this reason, it is best to contact an attorney who can assist you with the specifics of your circumstances.

We wish you...
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1 Answer | Asked in Landlord - Tenant for Georgia on
Q: The landlord sold the home, whom should I get eviction notice? Have only received a Symon from the landlord.

The new owner has threatened he is going to come throw out my things in 7 days? Is that allowed?

Paula J. Mcgill
Paula J. Mcgill answered on Sep 16, 2020

First, look at your lease. What does your lease say about sales? Some say the owner has the right to give you 30 or 60 day notice to vacate. Others are silent. If the lease is silent on a sale, the buyer takes subject to the lease. Therefore, they must comply with the lease as the new... Read more »

2 Answers | Asked in Family Law, Civil Rights and Landlord - Tenant for Georgia on
Q: I live in coweta ga I am 2 months behind on Ret due to job shutdown because of covid I got eviction and judgement can i

Be evicted on sept 9 since cdc banned eviction

Homer P Jordan IV
Homer P Jordan IV answered on Sep 8, 2020

You may want to contact your county government office to see if there is any rent assistance available to help you avoid eviction. Many counties are offering such assistance. -Homer P. Jordan IV, Esq. 404-620-1558

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1 Answer | Asked in Landlord - Tenant for Georgia on
Q: My lease is up in one day. Can i be put out?

Due to a hold up from covid19 my new house will be ready in 2-3 weeks. I have 2 children so I don’t want to be homeless.

Paula J. Mcgill
Paula J. Mcgill answered on Aug 27, 2020

If you a residential tenant, you are not kicked out if you hold over.

You will have to pay any rent or fees as a hold over tenant.

If the landlord wants you out the following steps must be taken:

(1) demand to vacate;

(2) file dispossessory affidavit in court;...
Read more »

2 Answers | Asked in Landlord - Tenant and Real Estate Law for Georgia on
Q: Can you sell your home if a roommate has a tpo against you and you own the home out right?
Priscilla T. Upshaw
Priscilla T. Upshaw answered on Aug 17, 2020

Yes, you can sell your property at any time. It is important that you do not violate the TPO.

We wish you well.

-The Upshaw Law Firm, LLC. 770-240-0922.

WE ARE HERE TO SERVE!

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1 Answer | Asked in Family Law, Real Estate Law, Landlord - Tenant and Probate for Georgia on
Q: Step mother won't leave property stepson owns. She has been served eviction notice. case cont'd

State of ga. Landlord not notified until day of court Dispute over quit claim deed h

recorded in clerk records back in Feb 2020. Dad died may 2020. sueing estate of dad she's temp admin of for reversal of quit claim deed suit came after evict notice.can she adverse possess? How can she be removed.

Homer P Jordan IV
Homer P Jordan IV answered on Aug 13, 2020

There is a hold on evictions in the state at this time due to the pandemic. It was recently extended once again. You may want to read about here: https://www.fox5atlanta.com/news/georgia-issues-3rd-covid-19-related-evictions-hold

-Homer P. Jordan IV, Esq. 404-620-1558

1 Answer | Asked in Criminal Law, Federal Crimes, Intellectual Property and Landlord - Tenant for Georgia on
Q: Have someone living in our house that is in our grandpa's will. But he hasn't died yet and the will is in our name this

This crazy lAdy just cAme moved in and started staying and said she wasn't going anywhere

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Aug 13, 2020

If she was never invited to stay, you should contact the authorities (police) and have her removed for trespassing. If she has been invited to stay, you will need to move to have her evicted.

We wish you well.

-The Upshaw Law Firm, (770) 240-0922.

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: My landlord told me that I had to renew my lease early before the date that I moved in the apartment. She stated that

If I didnt sign early my rent will go up to a month to month basic

Paula J. Mcgill
Paula J. Mcgill answered on May 28, 2020

Look at your lease.

Leases usually give a required notice of renewal or nonrenewal of 30 or 60 days before it expires.

Normally, within that time frame, a new lease is signed.

1 Answer | Asked in Business Law, Real Estate Law, Tax Law and Landlord - Tenant for Georgia on
Q: Can I transfer a primary residence to my LLC and rent my house from myself, to pay R&M and Capital expenses through LLC?

I own a home in Alpharetta, GA, I believe transferring ownership from myself to an LLC I own would allow the LLC to expense mortgage payments and Repairs & Maintenance costs as a cost of maintaining the property for tenants. I also believe the LLC could capitalize costs related to capital... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on May 18, 2020

Yes you technically can, but it doesn't work. You end up netting if it works out well and you have to defend it in an audit. It always ends up being net taxable when the IRS recalculates the FMV of the rental.

Once you run all the numbers it's comes out that you create tax out of...
Read more »

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: My 3 children wife and myself kicked out during covid without any notice from the landlord or a filed eviction
Paula J. Mcgill
Paula J. Mcgill answered on May 17, 2020

How were you kicked out?

Did the landlord remove your items and change the locks?

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: My landlord gave me a notice to vacate with no reason. I have to be out by june18. Lease not up until October 30th.
Paula J. Mcgill
Paula J. Mcgill answered on Apr 30, 2020

What do you mean no reason?

Are you saying the notice to vacate did not explain why there was an early termination?

Because the lease controls,for the most part, I would have to see the lease.

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: when will it be legally possible to evict a tenant whose termination of tenancy was April 25.

She is saying she cannot find a satisfactory place to live. Meanwhile her job is suspended at the North Fulton community charities.

Paula J. Mcgill
Paula J. Mcgill answered on Apr 27, 2020

You can do the following:

1. Send an immediate vacate notice

2. E-file the dispossessory affidavit

3. Serve through a private process server.

4. This will put you in line to get heard when the courts open up. Note, it is a very long line.

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: Can landlord's file eviction on you during the CoVID 19 pandemic
Paula J. Mcgill
Paula J. Mcgill answered on Apr 26, 2020

A landlord can file a dispossessory in court. However, the courts are closed for civil matters until May 13. Therefore, a hearing on a case that is filed this month is unlikely to be heard before the end of May or the beginning of June.

However, the size of your county will have an...
Read more »

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: What's the eviction process during the pandemic?

Tenant has failed to pay rent for 2 months. With the month of May around the corner, if he doesn't pay he will be 3 months behind. Prior to this pandemic he always paid late and now he just won't pay at all. I've issued him a Pay Rent or Quit notice which gave him 7 days to pay and... Read more »

Paula J. Mcgill
Paula J. Mcgill answered on Apr 22, 2020

The next step is to file the dispossessory. Some Magistrate courts allow e-file. If e-file isn't an option, you may be able to hand deliver it or mail it.

If you are still uncertain about the process, you can contact me demandingjustice@gmail.com.

1 Answer | Asked in Personal Injury, Real Estate Law, Communications Law and Landlord - Tenant for Georgia on
Q: What can I do about the place where I’m staying there’s some discrepancies, my belongings are being missed placed

I just need to know what do I do or what can I do about it

Tim Akpinar
Tim Akpinar answered on Apr 11, 2020

Your post includes Personal Injury as a category, but there did not appear to be any injury-related issues in the brief description. In terms of the discrepancies with belongings you describe, it might be helpful for an attorney to know more information - were these discrepancies in connection with... Read more »

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: Old apartment complex states I didn't give 60 day notice so I owe additional money.

- In July, I applied for an apartment for 6 month lease + emailed manager explicitly stating I'll sign from August - Feb 15th, but move out early Feb 1st to a different state and lose half month rent. Signed electronic lease

- January 10th comes and I email asking about what to do... Read more »

Paula J. Mcgill
Paula J. Mcgill answered on Mar 31, 2020

I assume the rental was going n Georgia.

Look at your lease in the "notice" section. It states the type of notices that are acceptable. If e-mails to the person who you sent the notice is in that section, you shouldn't owe anything.

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