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Georgia Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for Georgia on
Q: Hello i am trying to seek answers . my landlord is charging me for things that wasnt true after my move out inspection.
Paula J. Mcgill
Paula J. Mcgill answered on Dec 5, 2019

If you have pictures of the condition of the property, send copies of your evidence to the landlord.

If the two of you cannot come to an agreement, sue in Magistrate Court.

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: Im a tendent at will and landlord just text me saying she give us 30 days to move out from today is it 60 or 30 days

We payed novmbers rent late and now shes telling us 30 days but above reads 60 days

Paula J. Mcgill
Paula J. Mcgill answered on Dec 1, 2019

If you don't have a written lease that shortens the notice to 30 days, it's 60 days.

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Georgia on
Q: Problems with holes in the wall when i moved in, but no response from landlord.

There are holes in the wall and ceiling, I'd not noticed when i first looked at the place, but noticed and noted on move in inspection- though the holes at the baseboard i noticed just days AFTER. I contacted manager on the Nov 6, but did not get back to me, until i again contacted them on the... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Nov 28, 2019

More information is needed to provide you with an accurate answer. What type of holes? Are they the result of insect/animal activity? Are the holes the result of water damage? Do the holes prevent you from doing something in your home? Does it threaten your safety/privacy?

We are glad to...
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1 Answer | Asked in Landlord - Tenant for Georgia on
Q: My landlord filed a writ of possession, but they only filed it under my name. Not mine and the other tenant on lease
Paula J. Mcgill
Paula J. Mcgill answered on Nov 27, 2019

Normally, when the landlord makes the fatal mistake of not adding "all others" to the dispossessory affidavit, the sheriff's office will not approve the removal of possessions from the house if someone objects.

Everyone else can file to stop the eviction or contact the sheriff's office...
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1 Answer | Asked in Landlord - Tenant for Georgia on
Q: my dog had chewed up some trim in a house im renting and ive realize my landlord was covering up wood rot

so all the doors in my house have wood rot around the trim plus more and my power bill was reaching $320 and i realized the insulation was almost non existing in the house and ive also discoverd black mold under the house as well

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Nov 22, 2019

Some of the issues mentioned concern the implied warranty of habitability. This means a landlord must ensure a tenant can reasonably use and enjoy the property. It is best to contact an attorney who can review the details of your case and provide you legal counsel.

We are certainly glad to...
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1 Answer | Asked in Landlord - Tenant for Georgia on
Q: Can our landlord cut off water without notice or explanation?

We rent a lot in a mobile home park. We own the trailer we live in but water, electricity, sewer, and trash services are included in our lot rent. In the past month, water to the entire park has been shut off, only once with any kind of notice. The other times, there’s been no notice,... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Nov 22, 2019

Water is a necessity and the absence of it is not only unreasonable but illegal. The implied warranty of habitability provides that a landlord must maintain its property in such a way that the tenant has reasonable use and enjoyment of that property. A tenant’s duty to pay rent is often... Read more »

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: Hi, before moving into an apartment, I was very transparent about my needs to teach piano lessons there for income.

They reassured me that it was fine. 6 months later, without warning, I have to stop immediately and they are not compensating me for needing to move. Do I have any rights? I was very transparent and there were no warnings.

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Nov 22, 2019

In order to provide you with an accurate answer, a review of your lease is necessary. You may have recourse, however without more information, the only answer I can provide is, it depends.

We are glad to assist you in this area. Contact us today.

-The Upshaw Law Firm, (770)...
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1 Answer | Asked in Landlord - Tenant for Georgia on
Q: I've e-mailed my landlord twice about the issues I have been having still hasn't been resolved.

Can I terminate my lease at this point with no penalty

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Nov 22, 2019

More details are certainly needed in order to provide you with an accurate answer. It is best to contact an attorney who will go over your lease with you and advise you on Georgia law. We are here to assist you whenever you are ready.

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

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: Not sure how to handle this eviction situation. Help!

I moved in with my roommate and signed a lease April 2014.

I moved out of the apartment January 2015. I filled out the paperwork and got the money order. But my roommate never signed the paperwork (didn't know about this).

around March 2015, I got an eviction notice since my... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Nov 22, 2019

A little bit more information is needed to provide you with a definitive answer. Did you actually pay the settlement amount you agreed to in court? It is best to contact an attorney as soon as possible to ensure your interests are protected. We are here to assist you whenever you are ready. I wish... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Georgia on
Q: My old landlord will not provide new owners contact information after selling my rental house before lease was up

I also found out that she was selling the house or that the house was sold on the day the house sold and now she's calling asking if we are found a place to move yet but my one-year lease isn't up until February

Paula J. Mcgill
Paula J. Mcgill answered on Nov 22, 2019

Look at your lease. If the lease doesn't terminate if the house is sold, the new owner takes subject to the lease. He or she will have to wait until February unless your lease is bought out by agreement or there is an early termination provision in the lease.

1 Answer | Asked in Business Law, Real Estate Law, Civil Litigation and Landlord - Tenant for Georgia on
Q: Our HOA in Georgia permits Action Without Meeting. To remove directors how many members must we have sign this action?

We will have at least 40% of total HOA members signing. Is that total good if we are considering the total of number of members who decide to vote at all vs. total number actual HOA members?

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Nov 18, 2019

Your HOA’s bylaws and covenants should provide guidance on this matter. If it does not contain the information, it may be best to speak with an attorney about the specifics of your case.

We have expanded our practice area, and we are glad to assist you. Call us today.

-The Upshaw...
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1 Answer | Asked in Business Law, Real Estate Law, Civil Litigation and Landlord - Tenant for Georgia on
Q: Our HOA in Georgia permits Action Without Meeting. To remove directors how many members must we have sign this action?

We will have at least 40% of total HOA members signing. Is that total good if we are considering the total of number of members who decide to vote at all vs. total number actual HOA members?

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Nov 14, 2019

It is best to refer to your covenants and/or bylaws; it should contain the rules about this topic. If your covenants and/bylaws do not contain the information, it may be best to consult an attorney who can assist you with the specifics of your case.

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

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: What can I do about a smoker in my non smoking building? Mgr says she has given them a letter of lease violation.

She says they have to wait for the routine maintenance schedule to check the filters for smoke. I’m having health issues that I think are related to the smoking. The smell comes into my apartment through the vents.

Paula J. Mcgill
Paula J. Mcgill answered on Nov 6, 2019

You can send a letter to the tenant noting the nuisance and informing him/her if it doesn't stop, you intend to sue her.

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: I need help with being evicted. Been here 5 years. Good tenant. Sorry Landlords don't fix things. Tried to pay.

I have photos of the rotten porch as well as the huge holes in the road outside the house

Paula J. Mcgill
Paula J. Mcgill answered on Nov 6, 2019

Please let me know what reasons the landlord has given for filing the eviction.

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: How long does a property management company have to legally pursue a previous tenant?
Paula J. Mcgill
Paula J. Mcgill answered on Nov 3, 2019

Unless the lease shortens the period, the following applies:

On a written contract (lease) - 6 years

On an oral contract - 4 years

Property damage - 4 years

1 Answer | Asked in Criminal Law and Landlord - Tenant for Georgia on
Q: How much does a writ of possession in the state of georgia for meriwether county cost
E. Morris Margulis
E. Morris Margulis answered on Oct 28, 2019

If you are asking about the court-costs, such as filing fees to initiate the dispossessory action, contact your local clerk of court.

The cost of attorney assistance will vary depending on the circumstances of each attorney you ask.

Be very careful if trying to do this yourself....
Read more »

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: Does a landlord have the right in Georgia to put you out in one day without the proper channels being used?

My landlord and I got into an heated discussion yesterday ( October 26,2019) this happened early in the morning. Later, that night his wife comes to my bedroom door and tells me that they have somebody that's going to start occupying my room in there house Monday October 28,2019. We don't have a... Read more »

Paula J. Mcgill
Paula J. Mcgill answered on Oct 27, 2019

If you pay by the month without a lease that shortens the notice time, the landlord is required to give you 60 days notice.

2 Answers | Asked in Contracts, Personal Injury, Real Estate Law and Landlord - Tenant for Georgia on
Q: What do you call a matter where the Plaintiff’s claims are actually the defendants claims but Plaintiff filed first.

Landlord/Tenant issue

Paula J. Mcgill
Paula J. Mcgill answered on Oct 27, 2019

If a Defendant has claims against the Plaintiff that arises out of the same transaction and occurrence, the Defendant must file a counterclaimat the time an answer is filed unless the matter is in Magistrate Court. You have additional time to file it in that court.

Check the rules or...
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1 Answer | Asked in Landlord - Tenant for Georgia on
Q: Can a landlord put you out without any notice?

My landlord and I got into an heated discussion yesterday ( October 26,2019) this happened early in the morning. Later, that night his wife comes to my bedroom door and tells me that they have somebody that's going to start occupying my room in there house Monday October 28,2019. We don't have a... Read more »

Paula J. Mcgill
Paula J. Mcgill answered on Oct 27, 2019

Self help for residential tenants is prohited.

The Landlord has to comply with the lease.

If he wants possession, it has to be demanded. If you don't move after the demand, the landlord must file a dispossessory affidavit in court.

If the landlord throws your items out...
Read more »

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: Can you stop an eviction once a writ of possession has be ordered

I already went to court and had an eviction judgement attached is a writ of possession could i pay with in 7 days to stop being evicted

Anitra Walker
Anitra Walker answered on Oct 19, 2019

After the writ of possession is granted, the landlord contacts the Sheriff’s office to make arrangements for a Sheriff to supervise the landlord’s removal of a tenant who refuses to leave and/or the tenant’s personal property. At this point, it is too late to pay to stop the eviction, unless... Read more »

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