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Georgia Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for Georgia on
Q: How long does a landlord have to supply a list of all move out charges?

We moved out of a house we were renting. We are just now getting a list of all charges 2 months after the fact and we have been asking for them since the move out as they would not conduct the move out inspection with us present. Do we have a case to get some or all of the extra charges removed... Read more »

Paula J. Mcgill
Paula J. Mcgill answered on Sep 5, 2019

You can file a lawsuit to get your sec. dep back if the withholding was unjustified.

You may be able to collect treble damages plus attorney's fees in many instances.

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: what should I do if a former tenant returns a partial security deposit refund and demands it all back or be sued?

The tenants heldover 2 days beyond the lease termination date then called the police on day 3 when I said we had to wrap things up, claiming I was trying to lock them out and refuse to let them take their possessions. I never locked them out and never threatened to do so, but I did ask if they can... Read more »

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

Unfortunately, I doubt returning their deposit will end it unless there is a settlement agreement signed by all parties.

If they are not willing to enter into a settlement agreement, get the police reports to determine what the police wrote in the reports. If the report is neutral or...
Read more »

2 Answers | Asked in Real Estate Law, Land Use & Zoning, Estate Planning, Landlord - Tenant and Probate for Georgia on
Q: My grandfather inherited a house and piece of land from my great grandmother after she passed.

Yes I am getting information for my grandfather. He inherited a house and piece of land from my great grandmother when she passed. He put his soon to be ex wife on the deed and now she is leaving and packing all her stuff to leave. She just came into alot of money from her father passing. Can he... Read more »

Paula J. Mcgill
Paula J. Mcgill answered on Aug 17, 2019

Your grandfather should have consulted an attorney before she put her on the deed. If he did, he should go back to the attorney to consult with him or her.

Once you put a person's name on a deed, you can just simply remove it even if it was inherited. It was nonmarital property until he...
Read more »

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1 Answer | Asked in Landlord - Tenant for Georgia on
Q: Can apartment management charge me a pet fee (no damage done) at move-out that was never mentioned in the lease?

My apartment management informed me (at move-out) that ALL pet owners have to pay a $200 fee to spray some sort of allergen sealer on the floor before re-carpeting for the next tenant. I was told this without them even having pulled up the carpet to look for any unusual damage. I had to pay a $400... Read more »

Paula J. Mcgill
Paula J. Mcgill answered on Aug 15, 2019

If it not in the lease, ask management in writing what legal authority do they have to charge you after the fact.

If they fail to provide you with the required information, demand that any deduction from your security deposit be returned to you.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Georgia on
Q: I had a boarder renting A room and moved some of her stuff out. She is refusing to come get the rest.

She stored things in my attic and has stuff stored in my garage. What can I do as this space is needed.

Paula J. Mcgill
Paula J. Mcgill answered on Aug 14, 2019

Since the person was a renter, to be on the safe side, file a dispossessory action that includes her room, the portion of the attic, and the portion of the garage. Warn her that she must take her stuff out or you will file a dispossessory.

You file it in the county where the rental...
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1 Answer | Asked in Landlord - Tenant for Georgia on
Q: I am renting a room on a month to to month lease, my landlord said she needs me to move out because she needs to repair

her roof. how much notice is she required to give me?

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

The lease may tell you how much time she has to give you.

If the lease is silent, it's 60 days.

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: What are my tenant rights when there is no written lease agreement, only verbal? Renting a room in a home...eviction?

Landlord/Roommate wanting to evict me based on a disagreement. Living conditions and living situation has not been what was agreed upon.

Paula J. Mcgill
Paula J. Mcgill answered on Jul 31, 2019

A verbal agreement is still enforceable. The problem is proof of the terms. If there is an email or text that is a written agreement.

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: CAN A LANDLORD BRING PEOPLE INTO THE HOME TO SHOW IT OFF WHILE YOU LIVE THERE?

I THINK MY LANDLORD IS TRYING TO SELL THE HOUSE THAT I AM RENTING FROM HER. I ASKED HER WAS SHE SELLING IT TO ANY ONE AND SHOULD I BE WORRIED AND SHE SAID NO. HOWEVER, SHE HAS BROUGHT SEVERAL PEOPLE OVER THE PAST WEEK TO LOOK AT THE HOUSE AND THEY LOOK LIKE POTENTIONAL BUYERS. IS THERE ANY TYPE OF... Read more »

Paula J. Mcgill
Paula J. Mcgill answered on Jul 30, 2019

First, look at your lease. If your lease does not allow the landlord to show the house, you can demand that it stop.

Second, she can sell the house. However, unless the lease states otherwise, the new owners will buy the house subject to the lease.

Therefore, if your lease ends in...
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1 Answer | Asked in Landlord - Tenant for Georgia on
Q: I have 2 individuals who rent rooms at my property in Marietta, GA Cobb County, There is no lease. How do I legally

give the notice to vacate premises? It is my understanding that I must give a 60 day notice. If they do not leave at the 60 days do I then have to legally evict? If so, is it best to do a legal eviction right away?

Paula J. Mcgill
Paula J. Mcgill answered on Jul 29, 2019

If the tenants are not paying rent, give them a three day pay or quit notice. If they fail to pay rent or vacate, you can file the dispossessory on the 4th day.

If they aren't breaching the lease agreement and you don't have a shorter notice in your lease, you must give 60 days notice if...
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1 Answer | Asked in Landlord - Tenant for Georgia on
Q: Is it okay if I have a washing machine running in my backyard
Paula J. Mcgill
Paula J. Mcgill answered on Jul 25, 2019

It all depends on the lease and any HOA limits.

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: Can a landlord take a tenant to court without trying to resolve the issue with the tenant first
Paula J. Mcgill
Paula J. Mcgill answered on Jul 25, 2019

It all depends on why he's taking you to court. If he is seeking to evict you, he must comply with the lease terms and the code. With few exceptions, s demand for possession is required by law before a disposessory action can be initiated.

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: Is it legal for a landlord to send an eviction notice 5 days after a tenant makes a plumbing maintenance request.
Paula J. Mcgill
Paula J. Mcgill answered on Jul 5, 2019

It all depends.

If you haven't paid your rent when it is due or you have violated any term if the lease, the notice to vacate may be proper.

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: Roommate/Landlord in Georgia moved 4 people in no notice and will not let me retrieve my belongings, what are my rights?

6 people were already living in house

4 strangers moving in

2/3 Renters left the house to avoid conflict

Landlord broke into bedroom and allowed 4 strangers to go through belongings (on video)

Called police to press charges for motion activated camera in renter’s... Read more »

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

1. Call the police.

2. Whether the police get you back in or not, you have a claim against them for wrongful eviction.

3. If you want entry to the property, you can file in Superior Court and/or hire an attorney to send an immediate demand for entry and file a lawsuit if the police...
Read more »

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: I was served an eviction notice due to non payment of rent. Even though I have receipts proving that I paid rent.

What are my options now? Take my receipts to court with me or show my landlord the receipts?

Paula J. Mcgill
Paula J. Mcgill answered on May 28, 2019

If you were served with a dispossessory affidavit that was filed in court, the document will have the stamp of the clerk of the court and inform you of the 7 day deadline to file an answer in court. Therefore, file the answer in court by the deadline. It is so easy to miss the deadline, and you... Read more »

1 Answer | Asked in Contracts, Civil Litigation and Landlord - Tenant for Georgia on
Q: It's day one of moving into my new rent house and I'm seeing roaches. Is it the landlord's responsibility or mine?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 20, 2019

It depends on the terms expressed in your written lease. Most apartment buildings provide pest control, while most stand-alone homes, townhomes and duplexes do not. Read your lease.

1 Answer | Asked in Contracts, Landlord - Tenant and Small Claims for Georgia on
Q: How do I counter claim a retaliatory eviction for withholding rent due to recent flood and windows not working leaks in
Paula J. Mcgill
Paula J. Mcgill answered on May 14, 2019

If the landlord has filed a dispossessory, you file your answer and counterclaim at the same time.

The counterclaim would include any repairs you made, the decreased value of your lease, property loss, personal injuries (if any), mental distress, inconvenience, and for wrongful eviction....
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2 Answers | Asked in Landlord - Tenant for Georgia on
Q: can a landlord change locks on a independent contractor that pays rent without telling them now we can get in towork

I rent a room from a salon and pay weekly, the supplies and everything I use are mine. the owner changed locks and didnt give anyone a key even though we all had keys. Now we can not get in to work if she is not there with a key nor can we get our stuff if we need it. is that legal

D. Mathew Blackburn
D. Mathew Blackburn answered on May 4, 2019

In GA self-help evictions are illegal. I would suggest finding an attorney to help you retrieve your props and potentially seek damages. Then I would find a new place to rent.

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1 Answer | Asked in Civil Litigation, Contracts, Real Estate Law and Landlord - Tenant for Georgia on
Q: I allowed a friend stay with my family for 6 months with the verbal understanding. She has left her belongings. Help

She has the key and alarm key fob for my home. Her belongings are taking up space. We have no written lease. She refuses to return phone calls or text messages. We have no way to communicate with her. How do we get her out of our home?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 1, 2019

Verbal understandings regarding anything to do with real property--including rent--are unenforceable; neither she nor you is bound by whatever was agreed. However, to protect yourself I would change all the locks and start legal eviction proceedings.

1 Answer | Asked in Domestic Violence and Landlord - Tenant for Georgia on
Q: Can I sue my exgirlfriend. For lying to get me ejackment and TPO. I have not got my things a month later still.
Ellaretha Coleman
Ellaretha Coleman answered on Apr 30, 2019

Retrieval of your items should have been addressed in the TPO action. If she is still withholding your items and they were not dealt with in the TPO, you can file a civil action against her for recovery. If the Temporary Protective Order provided that you are to be permitted to retrieve your items... Read more »

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