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Georgia Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for Georgia on
Q: I bought a house with a month to month tenant. What is the eviction process if we have no rent agreement?

I have given written and verbal warning their month to month agreement will not sustain after Feb 28th. I have offered money for keys by March 30th.

Paula J. Mcgill
Paula J. Mcgill answered on Feb 18, 2020

If it is a month to month tenant, you take subject to the tenancy. Unless, there is a shorter period agreed to by the parties, you must give 60 days notice. Once the 60 days notice had ended, you must seek court intervention to remove them.

1 Answer | Asked in Contracts, Landlord - Tenant and Real Estate Law for Georgia on
Q: Can a landlord require me to purchase a whole year of renters insurnance mid-lease, when original lease didn't require?

My landlord is trying to make me sign an addendum to agree to get renter's insurance, for a full year, and my lease started in August, with no mention that renters is required, it strictly states that "renter's insurance is not mandatory, but we do encourage you to obtain it to cover... Read more »

Paula J. Mcgill
Paula J. Mcgill answered on Feb 5, 2020

If the lease did not originally required it, the next section you have to look at are amendments and notice. Is there a section in your lease that allows the landlord to amend the lease with notice. If not, than I don't see how he can do it. However, you may want to take the lease to an... Read more »

1 Answer | Asked in Civil Litigation, Contracts and Landlord - Tenant for Georgia on
Q: Landlord sued me for breaking lease due to black mold in residence.

He was awarded only a small amount of what he was asking in court, I sent him checks monthly paying what I could, he never cashed them. He has now ordered my wages to be garnished. How much is he allowed from each pay period?

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Jan 28, 2020

It is best to contact an attorney who can go over the specifics of your case. Without more information, it is difficult to provide you with an accurate answer.

I wish you well.

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

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: What are the laws regarding tenAnt property post eviction in ga?Can landlord take tenants property after sheriff leaves?

Does landlord have the right to refuse tenant access to their personnel property on front yard and convert property to their own?

Paula J. Mcgill
Paula J. Mcgill answered on Jan 24, 2020

In short, no

The landlord must put the property in a location where the tenant can get it

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: Previous landlord is trying to charge us rent from May if 2017. Can they charge us almost 3 years later?
Paula J. Mcgill
Paula J. Mcgill answered on Jan 24, 2020

A breach of contract has a long statute of limitations. So, three years is not too long.

Whether they have a valid legal claim is another thing.

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: During the eviction, I didn’t get all my items because landlord didn’t have the key. Can I sue for my items?
Paula J. Mcgill
Paula J. Mcgill answered on Jan 24, 2020

The landlord must put your things out so you can get them on the day of the eviction. Failure to do so means he has converted your property. Yes, you can sue.

1 Answer | Asked in Arbitration / Mediation Law and Landlord - Tenant for Georgia on
Q: My apartment is seriously infested with roaches

They have had pest control come out but he isn't using proper chemicals for German Roaches. I had to throw out my microwave because a nest was in it, what are my options and rights

Paula J. Mcgill
Paula J. Mcgill answered on Jan 13, 2020

You can sue the landlord in Superior Court to force a repair (AKA extermination of the roaches) and obtain damages for failure to repair. If you live in a rental house, you also have the option of informing the landlord that you intend to repair the situation yourself by hiring your own licensed... Read more »

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: We found serious structural issues after moving in when we informed landlord in writing she gave us a 30 vacate notice.

We were informed to do free estimates for repairs to house when estimates came in and we provided our issues in written form she went to police came to home with them for a inspection that was never scheduled and then sent us a 30-day vacate premises notice

Paula J. Mcgill
Paula J. Mcgill answered on Jan 13, 2020

There is a new Georgia law that protects tenants for being kicked out simply because they complain of a health and safety problem with the rental property.

The new law is OCGA 44-7-24

You may or may not fall under this new section

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: Was it illegal for my landlord to terminate my lease 2 months before my original lease was up w/o giving me any notice

My landlord terminated my lease 2 months early without providing me any documentation about a 30-60 day notice I also fixed the the damages I caused and cleaned unit before leaving I was told I would get a deducted deposit back it has been 30 days and my old landlord has yet to call me and refuses... Read more »

Paula J. Mcgill
Paula J. Mcgill answered on Jan 13, 2020

You received some type of statement from your landlord. What did your landlord say about ending your lease?

The time to challenge the early termination was before you moved.

Now that you moved, it is questionable if you can sue him for breach of contract.

As far as your...
Read more »

1 Answer | Asked in Consumer Law, Civil Litigation, Landlord - Tenant and Small Claims for Georgia on
Q: Besides a lawyer who can call you contact to make your HOA comply with records requests? I'm 100 disabled veteran.

I can't afford a lawyer, but I believe alot of stuff is going on. And HOA won't comply with requests.

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Jan 9, 2020

Given your circumstances, it may be best to contact Atlanta Legal Aid or Georgia Legal Services. Both of these organizations provide legal representation at no cost to individuals who are low income.

Thank you for your service to our country!

I wish you well.

-The Upshaw...
Read more »

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: If im behind on my rent & the landlord agrees to give me time but then texted if i dont let him do a sexual act

Hes throwing me out 24hrs from now unless i perform sexual favor what are my rights what should i do when i have nowhere to go

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

If you are month to month or have a lease, he can throw your things out on the street without a writ from the court.

He will have to file a dispossessory, win, then get a writ.

If he throws your things out or if he files a dispossessory affidavit in court, contact an experienced...
Read more »

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...
Read more »

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...
Read more »

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...
Read more »

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) 240-0922.

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 »

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