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Georgia Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for Georgia on
Q: I am renting to own and my landlord is forcing me to get my own well. By a certain date.Can she do that?

She said if I didn’t have my own well by a certain date she will void the contract and put me out. Can she do that?

Paula J. Mcgill
Paula J. Mcgill answered on Nov 1, 2021

Look at the lease or have an attorney look at it.

As a general rule, the landlord is responsible for all repairs and improvements.

The fastest way to resolve this is to force the landlord to show you where in the lease/rent to own contract that you can be required to put in a...
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2 Answers | Asked in Contracts, Real Estate Law and Landlord - Tenant for Georgia on
Q: In state of georgia, is landlord required to give notice when lease is nearing expiration?
Glenn M. Lyon
Glenn M. Lyon answered on Oct 14, 2021

Not unless the lease requires it.

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1 Answer | Asked in Landlord - Tenant for Georgia on
Q: Can I get an eviction on my Rental history because I paid late rent but was never evicted?
Paula J. Mcgill
Paula J. Mcgill answered on Sep 13, 2021

If they filed a dispossessory action against you in court, that filing will be on the court records and therefore on your rental history. If an eviction shows up on your record, you should dispute it.

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: Can my landlord refuse rent from rental assistance because she doesn't take government money
Paula J. Mcgill
Paula J. Mcgill answered on Sep 3, 2021

In short, yes.

There is no legal requirement to accept government government to keep you in the house.

1 Answer | Asked in Business Law, Civil Litigation, Landlord - Tenant and Small Claims for Georgia on
Q: How do I serve C T Corporation System in Lawrenceville GA listed as registered agent for property management company?

Property management company currently managing apartment complex in Marietta GA is in violation of tenant lease agreement. Principal address of the business is listed in UT; registered agent is a corporation by the name C T Corporation System in Lawrenceville GA. Gwinnett County sheriff is said to... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Aug 24, 2021

CT Corporation is a company that acts as registered agent for thousands of companies throughout the country. The deputy certainly knows how to serve CT Corp. You are likely drafting your lawsuit pleadings incorrectly. You do not sue CT Corp, you sue the company and serve CT Corp which then gets... Read more »

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Georgia on
Q: I rent commercial property, and I would like to know where I can take my rent money to be held until repairs are made.

the air conditioner is not working I have tried to have it fix but it is not a minor repair, this the landlord should have repaired but he doesn't want to talk about it. And I'm afraid that if I keep paying him he will not fix it. and if I do not pay he will threaten to evict me and kick... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Aug 20, 2021

It sounds like you are in a business arrangement. I have always advised folks that if they are going to be in business, then BE in business. By this I mean that what you are doing here is a business matter. Because this situation involves too many moving parts, it cannot be adequately addressed... Read more »

1 Answer | Asked in Foreclosure, Real Estate Law, Landlord - Tenant and Legal Malpractice for Georgia on
Q: The indenture date on the deed under power has the 3rd Tues, shouldn't it be dated the 1st Tues to be a forclosur sale?

The lender foreclosure/indenture date of sale is the 3rd Tues, instead of the 1st Tues. The purchaser that bought the house from the lender has all the foreclosure fees in the HUD STATEMENT. Sale date is the 3rd Tues.

Can a lender avoid going to the court house steps & sell/foreclose on... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Aug 18, 2021

Your second paragraph is answered "It depends." The devil is in the wording of the documents.

The first paragraph does not ask a question.

If your question is only one question involving both paragraphs, again the answer would be "It depends."

1 Answer | Asked in Landlord - Tenant, Contracts and Real Estate Law for Georgia on
Q: Is it safe to rent or to a tenant due to COVID 19
Michael D. Birchmore
Michael D. Birchmore answered on Aug 18, 2021

Sorry. This is not a legal question. You'll have to figure this one out on your own.

1 Answer | Asked in Real Estate Law, Civil Litigation, Elder Law and Landlord - Tenant for Georgia on
Q: In a dispossess proceeding against me for a house I own. No notice. plaintiff won. entered illegally w/o sheriff

Eviction my property in Ga. No landlord tenant relatioinship. Person entred my house illegally, broke locks removed all belongings[2 story home ownd for 60+years family] Indiv. placed stuff in storage. I wasn't there, and dont know what was removed. Never seen storage unit. Also removed a... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Jun 28, 2021

Wow. Sounds like you're into it. Did you have a question for us? You gave us a story; not a question. We can only answer questions that you put to us.

1 Answer | Asked in Real Estate Law, Appeals / Appellate Law, Collections and Landlord - Tenant for Georgia on
Q: How did the judge change his summary judgement where I was not a defendant to me becoming a co-defendant and liable?

Not on any lease for the apartment complex with no signed documents with them I had moved in to help the lease holder financially two plus years ago with him leaving town shortly after I continued to pay the rent and utilities for over 20 months no issue but late once COVID hit. Was to get... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Jun 24, 2021

Honestly, there are too many moving parts in your situation. It would be best for you to sit down with an attorney to discuss the problems you have individually and more specifically.

1 Answer | Asked in Civil Litigation, Landlord - Tenant, Municipal Law and Public Benefits for Georgia on
Q: What do I do when my HOA acts in an inappropriate manner?

1. HOA pools are defined as public in the department of public health document regarding pools. Public pools are smoke-free. But my HOA refuses to uphold a non-smoking rule.

2. The board member in charge on the grounds has a maintenance company and performed a job for the HOA. Conflict of... Read more »

Randy Bryan Ligh
Randy Bryan Ligh answered on Jun 16, 2021

If the HOA is not policing itself, then you can either vote the Board off and correct it, or you can consult with a HOA attorney in your area, obtain your options and then decide how to proceed from there. If there are other members of the HOA who are like mind with you, then y'all may be... Read more »

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: I informed the tenant I wanted to sell the property. She agreed to move out. She did indeed got a new place May 18.

She agreed to hand over the keys june 8. On the 8

June 9th she claimed to still have personal property inside. Then agreed to hand over the keys June 14 to the realtor. Now she has told

the realtor not to get involved as her and I have a civil case. Year 1 was a lease. For the... Read more »

Paula J. Mcgill
Paula J. Mcgill answered on Jun 15, 2021

What is your question?

If you complied with lease or law by giving her notice and she refused to leave, file a dispossessory action against her to start the eviction process.

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: Can a landlord evict you or not renew lease for calling code enforcement and calling maintenance for multiple issues?

My landlord is retaliating because of the bbb complaint, code enforcement having to making them get me a new stove that didn’t work and cut the grass as they hadn’t before I moved in. He did state that he would give deposit back but it’s so hard to find a place to stay right now and I feel... Read more »

Paula J. Mcgill
Paula J. Mcgill answered on Jun 14, 2021

You may be protected if there isn't an early termination provision in the lease or if you are not at the end of your lease.

Georgia does not have a for cause statute that requires the landlord to renew the lease, except for cause.

1 Answer | Asked in Contracts, Landlord - Tenant and Real Estate Law for Georgia on
Q: I recently just signed a lease and I called them and they said I had to pay the full rent or find someone to replace me

What do I do ??? I really don’t feel prepared to move in I didn’t really think it through and this is a student apt

Michael D. Birchmore
Michael D. Birchmore answered on Jun 7, 2021

Well, if you are an adult and you signed the lease, you are likely to be bound to it. The LL is simply trying to collect the rent for the apartment. It can be from your or someone else.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Georgia on
Q: what happens after lease is terminated but tenant didn't move out.

I am the landlord, lease is terminated with tenant. My lease has plenty for terminating early and hold over fee as well. I notified my tenant with letter and email. He acknowledged. He didn't move out since he wasn't able to get a place. I let him stay due to covid. Know he give me 60... Read more »

Anthony M. Avery
Anthony M. Avery answered on May 3, 2021

You have made a mistake. Hire a competent attorney to file an eviction action for possession only today. You are only loosing rent monies dealing with the tenant in this fashion.

2 Answers | Asked in Civil Litigation and Landlord - Tenant for Georgia on
Q: Hello, I have payed a Rent deposit to a Family Member and Friend and I've recently been Evicted. A week from Payment.

Hello, I've been Evicted a number of times illegitimately in the past year and I've slowed to a halt with being mistreated this way. I am a full-time student and my Grandparents have threatened me to leave without returning my payment and I've also been Evicted without a Legal Dispossessory Process.

Michael D. Birchmore
Michael D. Birchmore answered on Apr 29, 2021

Okay. File a wrongful eviction case if you believe that is appropriate, move out or live with it.

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1 Answer | Asked in Landlord - Tenant for Georgia on
Q: Plaintiff dismiss case. of eviction/ monies owed. Illegally evicted me then put a balance on my credit. what can i do?

Case was dismissed August 2020, My lease was not up until Sept 2020. I started to move my things to a new apt and when i returned that Sunday the locks were changed. I had not turn in the keys to the residence.

Paula J. Mcgill
Paula J. Mcgill answered on Apr 28, 2021

You may have a claim for wrongful eviction (lockout), conversion (keeping your items locked inside), breach of contract (your lease had not expired), trespass, and/or negligence.

You should contact a lawyer as soon as possible to schedule a consultation.

The lawyer may be able to...
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3 Answers | Asked in Divorce and Landlord - Tenant for Georgia on
Q: I’ve been trying for over 6 months to get a notarized paper from my husband to began divorce proceedings. The statement

The statement is to verify that we have worked out bills and what not amongst each other. Could I file without that statement?

Robbie Levin
Robbie Levin answered on Apr 20, 2021

You can file the divorce petition. You do not need the statement from him to file.

For more information, visit my website at www.LevinLawyerGa.com.

-Law Office of Robbie M. Levin

(404) 281-5897

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1 Answer | Asked in Personal Injury and Landlord - Tenant for Georgia on
Q: Hi, What can I do as a senior citizen who encountered a slip n fall, due to the negilegence of the property owner?

Leaking roof since 2012,&b/4 we moved in.we hv no ventilation, no windows can be opened, mold&mildew n kitchen under sink n cabinets, w/a split in kitchen ceiling at least 12" & has grown over time& u can c into the ceiling! My husband got aspirating pneumonia n was... Read more »

Tim Akpinar
Tim Akpinar answered on Apr 17, 2021

A Georgia attorney could advise best, but your post remains open for three weeks. At this point, you could continue to await a response or you could reach out to attorneys. You can use the tab above (Find-a-Lawyer), or search for attorneys independently on your own. Good luck

Tim Akpinar

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: Can landlord shut off power during eviction even if it’s not in tenant name?
Paula J. Mcgill
Paula J. Mcgill answered on Feb 23, 2021

When you saying eviction, what do you mean?

In Georgia, if the landlord filed a dispossesory action in court, but the sheriffs/marshals haven't come out to supervise the ejectment, the landlord cannot turn off the power, water, or gas. In fact, that is considered a wrongful eviction....
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