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Georgia Landlord - Tenant Questions & Answers
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
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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

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
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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
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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 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
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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
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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 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
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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
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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 Civil Rights and Landlord - Tenant for Georgia on
Q: My roommates set up a camera in the living room without my consent. Is this illegal?

I had a recent falling out with my 3 other roommates. After the argument they set up a camera in the living room that points to the kitchen, and to my space of living (it’s also conjoined to the garage entry of the home). I noticed the camera hidden by plants to be out of sight. They did not tell... View More

T. Augustus Claus
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answered on Jul 21, 2023

In many states, including Georgia, it is generally illegal to conduct video or audio surveillance of someone in areas where they have a reasonable expectation of privacy, such as in their own living space. If your roommates set up a camera in the common living area or in a space that you use for... View More

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: Can water company refuse service to home to new tenant because of my old bill

I own the property and water was in my name it was cut off due to not being paid. I rented house out can water company refuse new tenant service in ga.

T. Augustus Claus
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answered on Jul 10, 2023

Utility companies have the right to refuse service or require payment of outstanding bills before providing service to a new tenant. This means that if there is an unpaid water bill associated with the property, the water company may refuse to provide service to the new tenant until the outstanding... View More

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: How can I protect myself if my landlord gave me a lease violation for an incident that occurred while I was at work?

Violation states that an incident occurred on 06/14 between a male individual and the courtesy officer and the officer reported it on 6/28/2023. I not only was at work , no one entered my residence that day except maintenance personnel and I am the only resident of my apartment. I tried to appeal... View More

T. Augustus Claus
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answered on Jul 5, 2023

To protect yourself, document all communication, review your lease agreement, and consult with a tenant's rights organization or attorney. Respond to any notices in writing, addressing inaccuracies and providing evidence. Consider filing a complaint with the appropriate authorities if you... View More

1 Answer | Asked in Landlord - Tenant, Divorce and Family Law for Georgia on
Q: Which takes presidence the ownership, or the rental agreement

Property is jointly owned, tenneants in common. Mortgage is an individual loan, husband only. Husband and wife are divorcing. Prior to being evicted (she sat his remaining property outside) a rental agreement was signed.

As joint owner, Is she within her rights to change the locks? Or... View More

James Clifton
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James Clifton
answered on May 18, 2023

Each owner is entitled to equal use and possession of the property. There can be no rental to someone who is also an owner because their ownership interest is of a higher priority. If the divorce decree awarded the property to the wife, then the ex-husband could be a renter. Under that... View More

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: I am being forced to let strangers in my house for viewing because the owner wants to sell the house. I don’t see tha

I don’t see that clause in my lease agreement

Peter J. Weinman
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answered on May 17, 2023

I am not licensed in your state, but from my NY perspective, if the lease is silent on the issue, presumably, with reasonable notice and at reasonable times, you would be required to let the landlord or her realtor show your unit. On a personal level, I would like to suggest that any of the... View More

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: Does the landlord have to give you a pay or quit demand letter before filing eviction.

The first case was dismissed because of constructive eviction. Yet she has reduced my services.

Jonathan Avi Barash
Jonathan Avi Barash
answered on May 15, 2023

Generally a landlord is required to make a demand for possession (a/k/a a "notice to quit") before filing an eviction action. Such a demand or notice is not required to be made by letter or in writing, but that is generally the practice, and no specific amount of time to comply with the... View More

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: What happens if a landlord lost in court and she owes me 15,000 judgment. But she says I owe her for past rent.

She refilled for a dispossessory. She didn’t give a demand to pay or quit and waited a month to refile. Does the land have to give me a pay or quit demand letter before filing eviction?

James Clifton
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James Clifton
answered on May 8, 2023

Even though you won the first time, you cannot use the judgment to offset rent due in the future. You have to continue to pay rent. If you don't pay rent, the landlord will succeed in the future eviction. Regarding the judgment, you can file a lien against the property and garnish a bank... View More

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: If you're on a month to month, can you be evicted or as to leave because you requested repairs?
Seth Meyerson
Seth Meyerson
answered on Mar 20, 2023

In Georgia, a landlord can give a tenant on a month-to-month lease a 60-day notice to vacate without specifying any reason. After the 60 days have passed, if the tenant has not vacated, the landlord can file for an eviction. However, a tenant cannot be evicted in retaliation for requesting repairs.... View More

1 Answer | Asked in Family Law, Probate and Landlord - Tenant for Georgia on
Q: I live in a house my mom Owen’s & I lived there for years . Now my brother & sister are trying to evict me .

My mom has all timers & dose not remember anything. The house is still in her name.

James L. Arrasmith
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answered on Feb 25, 2023

If the house is still in your mother's name and she has Alzheimer's and is unable to manage her affairs, it may be necessary to establish a conservatorship to manage her assets and make decisions on her behalf. A conservatorship is a legal arrangement in which a court appoints a person or... View More

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: What can I do someone that vandalized my car and put my belongings out of the home after I moved out?

I was sick and not able to get my belongings immediately. Within one week, after being in touch with me, he threw my things outside, vandalized my car, stole items from me. What can I do?

Paula J. Mcgill
Paula J. Mcgill
answered on Feb 16, 2023

First, mske a list of all items and their individual values.

Second, demsnd their return

Third. file a police report for theft and get a copy of that report. If the DA wants to follow up with an investigation, cooperate.

Fourth, find an experienced landlord-tenant lawyer to...
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1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Georgia on
Q: If I'm under an at will lease and a diff company took over who's lease do I follow? Never seen new company lease
John Michael Frick
John Michael Frick
answered on Feb 10, 2023

You follow the lease you signed until you sign a new lease.

It is common for both residential and commercial properties to change ownership. Leases, security deposits, etc are routinely assigned in such a sale. If you recorded your lease in the deed records before the sale, the new owner...
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1 Answer | Asked in Real Estate Law, Civil Litigation and Landlord - Tenant for Georgia on
Q: Can my former tenants win a lawsuit against me - Georgia law ?

I am the homeowner. I had a lease to own contract with a property investor. He had a lease to own contract with the tenants in the house. They attempted to purchase the property and could not receive the funding and passed the due date on the sales contract. 8 months later I evicted them after not... View More

James Clifton
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James Clifton
answered on Jan 18, 2023

Without more information about the complaint filed by the former tenant, it is difficult to say. The tenant would need to specify which tort you committed specifically. Residency isn't a tort. Whether you breached the contract would be determined by the specific language in the contract. From... View More

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