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Georgia Landlord - Tenant Questions & Answers
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... Read 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... Read 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... Read 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... Read 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... Read 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.... Read 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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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... Read 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...
Read more »

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...
Read more »

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... Read more »

James Clifton
PREMIUM
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... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Georgia on
Q: What can I do to stop a writ of possession to give me another week to move
James Clifton
PREMIUM
James Clifton
answered on Jan 18, 2023

If the writ of possession has already issued, the only way to delay it is to appeal the judgment of the magistrate court. If the writ of possession has not issued, show up to your eviction hearing and request additional time from the landlord. If they are unwilling to give you additional time, the... Read more »

1 Answer | Asked in Civil Litigation and Landlord - Tenant for Georgia on
Q: How can I make my apt complex pay for my shattered windshield? Their employee dropped a bag of trash on it.

Employee dropped a bag of bath tiles onto my car. Apt complex filed a claim w their insurance company, who have agreed to pay, yet can't tell me when they will pay. ??? What can I do?

Michael W. Horst
Michael W. Horst
answered on Aug 20, 2022

It sounds like your issue is more with your apartment complex's insurance company than the apartment complex itself. Here are your options:

1) You could file a law suit against the apartment complex and the employee who caused the damage. That would certainly move your claim along...
Read more »

2 Answers | Asked in Personal Injury and Landlord - Tenant for Georgia on
Q: Can I sue my apartment complex if my neighbor who is also the maintenance man dog jumped his patio fence and bit me

The apartment complex is pet friendly the patio gate is about 3 and a half feet to 4 foot high

Michael W. Horst
Michael W. Horst
answered on Jul 28, 2022

The short answer is yes. It does not matter that the apartment complex is pet friendly or that it was the maintenance man's dog who bit you. What matters is that you are able to show the owner of the dog knew (or should have known) about the dog’s dangerous propensities. This is done... Read more »

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2 Answers | Asked in Personal Injury and Landlord - Tenant for Georgia on
Q: Can I sue my apartment complex if my neighbor who is also the maintenance man dog jumped his patio fence and bit me

The apartment complex is pet friendly the patio gate is about 3 and a half feet to 4 foot high

Nelson Craig Johnson
Nelson Craig Johnson
answered on Jul 28, 2022

So you would certainly have a claim against the neighbor for the dog bite, which if he is carrying renters insurance with a liability policy might be covered. To go after the apartment complex for negligence you would have to show some wrongdoing on their part. This could be something like, the dog... Read more »

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1 Answer | Asked in Consumer Law and Landlord - Tenant for Georgia on
Q: I moved out of an apartment and my landlord is charging me for a stove that caught fire when cleaning team cleaned it

The property management company is charging me for the carpet to be replaced, the walls to be painted, hauling off trash or unwanted items that I moved to the curb for trash pickup...I lived in the apartment for approximately 5 1/2 years. I am asking if these charges are legit? I was under the... Read more »

Paula J. Mcgill
Paula J. Mcgill
answered on Jul 7, 2022

It is not standard for the landlord to pay for carpet and painting when a tenant moves out.

However, whether you are responsible for a portion of the carpet replacement will depend on the condition of the carpet when you moved in, the condition of the carpet when you moved out, and the...
Read more »

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: WHAT LAWS PROTECT A MEDICALLY FRAGILE CHILD FROM A LANLORD WHO WONT FIX A/C???

I have a friend living in Alabama. She has a medically fragile child who can’t tolerate heat. Currently the A/C isn’t Working 100%. Maybe 50%. Her house is 85• which is way to hot for her son. What rights does she have??

Tim Akpinar
Tim Akpinar
answered on Jun 27, 2022

A Georgia attorney could advise best, but your question remains open for two weeks. I'm sorry for the difficult situation in terms of excessive heat for the child. This is something a landlord-tenant attorney would probably have the best insight into, in terms of tenant rights. There's no... Read more »

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: Hi im being evicted from my apartment due to parking violations what actions can i take on this matter
Joshua Schiffer
Joshua Schiffer
answered on May 17, 2022

May be a violation of your lease or they may be improperly targeting you as a form of harassment. GA has difficult Landlord Tenant law for tenants, but there are some really good self help resources at Legal Aid type clinics.

If the parking violations are legit, it may just be easier and...
Read more »

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: I have been in a hotel for two years and I receive mail.what are my rights?

I haven't paid in three weeks

Joshua Schiffer
Joshua Schiffer
answered on May 5, 2023

In Georgia, thanks to a recent decision and about to change due to new laws, you are a resident the same as if you have a lease.

This is a particularly sticky issue right now, so best to get a lawyer involved as they may have some strong remedies for you. Mike Dunham in Cobb County is who...
Read more »

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Georgia on
Q: I live in Georgia I'm in eviction case for the landlord and he's turning my power and water off now trying to force me

Out. We are only on the notice to quit stage. He's not filed anything with the court yet.

Peter J. Weinman
Peter J. Weinman pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 3, 2023

That would be illegal. https://www.dca.ga.gov/sites/default/files/2-15-21_handbook_final_draft.docx#:~:text=NOTE%3A%20During%20an%20eviction%20case,unit%20as%20the%20lease%20describes.

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: What should I do if I feel my landlord is retaliating against my family for having to call code enforcement?

He has also been harassing and lying on us to his attorney. She sent a letter.

Paula J. Mcgill
Paula J. Mcgill
answered on Feb 28, 2023

I can't tell what is going on other than you called code enforcement.

What has the landlord done to believe you are being retaliated against?

What do you mean by harassment?

What is the landlord doing?

What specifically is the landlord saying that is untrue?

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: Can I take my landlord to court successfully over high utility bill caused from their failure to properly repair a issue

Landlord was notified of Water leak detected by water department 4 months into our lease. They did not send anyone to fix it until 9 months later and yet there is still a leak at the property. The leak caused our water bill to be extremely high and we have a outstanding balance that's over 3... Read more »

John Michael Frick
John Michael Frick
answered on Feb 8, 2023

The answer to this question depends heavily on whether there is a waiver or release of “incidental and consequential” damages in your lease. Such provisions are common in many types of contracts, including leases.

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