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
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
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
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.
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
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
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.
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
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
Will be fixed. They haven’t offered any kind of help (window unit, fan, etc) it gets over 90 degrees in my apartment.
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
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
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
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.
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
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
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
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
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
I don’t see that clause in my lease agreement
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
The first case was dismissed because of constructive eviction. Yet she has reduced my services.
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
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?
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
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
My mom has all timers & dose not remember anything. The house is still in her name.
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
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?
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... View More
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... View More
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
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
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... View More
answered on Mar 31, 2024
Even if you don't have a copy of your two-year lease signed by the landlord, the lease may still be enforceable depending on the circumstances. Here are a few key considerations:
1. Verbal agreements: In some cases, verbal lease agreements can be legally binding, especially for leases... View More
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