Landlord - Tenant Questions & Answers

Q: If

1 Answer | Asked in Family Law, Landlord - Tenant and Real Estate Law for California on
Answered on Feb 9, 2016

Yes, if you do not have an ownership interest in the home, then the owner of the home can evict you. If your mother in law's boyfriend passes away and his children inherit the home, then they can evict you. Some estate planning could solve this issue for you.

Q: I won the dispossessory process in regards to my deadbeat tenant. If he doesn't move out after 7 days, then what?

1 Answer | Asked in Landlord - Tenant for Georgia on
Answered on Feb 9, 2016

Yes, you need to contact the Sheriff. There is no cost. The Sheriff will know what to do.

Q: My Mgnt Co leased my house w/o notifying me, I am no longer under contract,& I need my house back, what can I do?

1 Answer | Asked in Landlord - Tenant and Real Estate Law for California on
Answered on Feb 6, 2016

Your issue seems to be with the management company, rather than the tenant. If the tenant is under a lease agreement, then you will not be able to terminate the lease, except as provided in the lease agreement. You'll probably have to wait for the lease term to terminate, or negotiate a shorter term with the tenants and pay their relocation costs.

However, your property manager has a fiduciary duty to act in your best interests. If they leased out the property without your consent...

Q: Is a landlord responsible to reimburse a tenant for lost or disrupted business when the fire alarm goes off in building?

1 Answer | Asked in Landlord - Tenant for New Jersey on
Answered on Feb 6, 2016

It is not likely to happen. Your situation would have to be discussed with an attorney in person. Good luck.

Q: Is there a similar Georgia Statute to this one in 2015 Florida Statutes?Title VI - CIVIL PRAC Chap 8383 42.2?

1 Answer | Asked in Landlord - Tenant for Georgia on
Answered on Feb 5, 2016

I am not licensed in GA so I can't comment on the law you site.

You can see the Georgia Landlord Handbook here for more information: https://www.dca.ga.gov/housing/housingdevelopment/programs/downloads/Georgia_Landlord_Tenant_Handbook.pdf

Q: Can I leave a living room set when I move out?

1 Answer | Asked in Landlord - Tenant for Georgia on
Answered on Feb 5, 2016

You might be charged by the landlord for its removal or it might be taken out of your damage deposit (the cost of removing it).

Q: My lease is up at the end of the month 1-31-16. I'm wanting to move. Do I need to give a 30 day notice?

1 Answer | Asked in Landlord - Tenant for Georgia on
Answered on Feb 5, 2016

If your lease says that you must give 30 days, then you must give 30 days. Even if you didn't have a lease, the law requires 30 days.

See also the Georgia Landlord Tenant Handbook: https://www.dca.ga.gov/housing/housingdevelopment/programs/downloads/Georgia_Landlord_Tenant_Handbook.pdf

Q: Can a property owner of an apartment complex evict a tenant with a 15 day notice and a violation of GA 44-7-3 ?

1 Answer | Asked in Landlord - Tenant for Georgia on
Answered on Feb 5, 2016

If you go to court, then tell your side of the story and the court will decide.

Q: My 94 yr. old mother who is living with us fell and broke her wrist. She is unwilling leave.

1 Answer | Asked in Landlord - Tenant for Oregon on
Answered on Feb 5, 2016

Sorry to hear about your situation and hers. You might be able to get a guardianship over her and then make care decisions. You could also, after giving proper notice, go through the eviction process. Either way, you will need to consult with your own attorney. Good luck.

Q: What can I do if a resident blocks my vechile on purpose on public housing property.

1 Answer | Asked in Public Benefits and Landlord - Tenant for Georgia on
Answered on Feb 5, 2016

Call the police and ask that the vehicle be towed. If they won't deal wit it b/c it's on public property, then contact your office manager or landlord.

Q: We rent a mobile home and there a couple leaks and alot of mold issues.

1 Answer | Asked in Landlord - Tenant for Georgia on
Answered on Feb 5, 2016

Write the landlord and ask that they be fixed or if he will reimburse you if you fix it yourself. If he is unresponsive, then file a motion to vacate in the magistrate court and claim that the house is uninhabitable.

See more at: https://www.dca.ga.gov/housing/housingdevelopment/programs/downloads/Georgia_Landlord_Tenant_Handbook.pdf

Q: i moved in with my friend and she did not want to landlord to know.

1 Answer | Asked in Landlord - Tenant for Oregon on
Answered on Feb 5, 2016

Some friend. In theory, if you were a subtenant (even under an oral lease, not permitted by their landlord) you would be on a month-to-month lease and required to pay rent up to 30 days after you moved out. But you're probably better off writing this person out of your life and ignoring her requests. Obviously if you receive a copy of a complaint filed with the court or a letter from a collections company you should probably talk with your own attorney. But until then, I'm not sure there's any...

Q: Can a Land Lord evict you if the neighbor calls him directly with false reports of loud noise.

1 Answer | Asked in Landlord - Tenant for Georgia on
Answered on Feb 3, 2016

If you are disturbing the peace you can not only be evicted but you can be arrested. You need to plead your case with the landlord and if that doesn't work, then you will plead your case with the court. In the meantime, keep it down and keep it quiet.

Q: I have a signed lease with my tenant stating that the rent includes utilities (cable, Internet, water, sewer and trash).

1 Answer | Asked in Landlord - Tenant for Georgia on
Answered on Feb 3, 2016

This is tricky. Did you state in the lease that premium cable would be provided? If not, then go ahead and reduce it knowing that your tenant may pitch a fit in which case you have to negotiate with the tenant so that you aren't in breach of contract. Do a cost/benefit analysis at that time: What is the difference between the cost of premium and regular vs. the expense of not having a tenant assuming this is a good tenant and pays all that you ask for on time. Also, you said that the...

Q: Three out of 4 checks that my tenant has written have had holds placed on the funds by the bank due to risk being return

2 Answers | Asked in Landlord - Tenant for Georgia on
Answered on Feb 3, 2016

Sure. You can also give her notice that she can vacate and that you are going to find a tenant that you don't have to chase around for rent.

Q: I got a seven day notice to pay or quit and that day passed and I have not got any court papers its been a week since

1 Answer | Asked in Landlord - Tenant for California on
Answered on Feb 3, 2016

They can't throw you out of your place by hiring thugs, turning off your utilities, changing the locks, etc. Yes, they do have to take you to court. The landlord can start the court process as soon as the date specified on the notice passes. Many landlords do not because they bluff.

There is no requirement of when the landlord has to do it, though, unless they wait a really long time (e.g. more than a month). Some landlords file the eviction lawsuit right away (on day 4 for a 3 day...

Q: If i move out early, but have no lease just month to month, am I entitled payment for the days I won't be there

1 Answer | Asked in Landlord - Tenant for California on
Answered on Feb 3, 2016

Probably not, but a lot of these kinds of details are subject to negotiation. For example, if you clean the place up (e.g. get the carpets shampooed) so your landlord doesn't have to do it, then your landlord might reciprocate by refunding a set amount per day.

In general, on a month to month, you pay through the end of the current month if you give your notice at the beginning of the month. Most tenants do it this way. If you give notice mid-month, I believe you have to pay through the...

Q: I have been living in my rental home for only 20 days and someone has broke into my home. Can I break my lease?

1 Answer | Asked in Landlord - Tenant for Georgia on
Answered on Feb 3, 2016

Possibly. See what the lease says. It's your responsibility to know the area that you move into and to keep your house safe. If you want to break your lease, then you will have to go to court and the Judge will decide if you have a valid reason to breach the contract. In the meantime, invest in a security system that is mobile that you can hook up to your computer, etc. If you were hurt, then the court may have more sympathy but you have to prove your injuries and also prove any belongings...

Q: My landlord died 6 months ago. The executor of the will wants me to pay the power bills from 2012/2013.

1 Answer | Asked in Landlord - Tenant for Georgia on
Answered on Feb 2, 2016

The executor can sue you and your defense is the she paid the bill NOT that she agreed to pay the bill.

Q: How can we get Tenant's ex-girl friend out of apt, she refuses to leave. She is not on the lease.

1 Answer | Asked in Landlord - Tenant for Georgia on
Answered on Feb 1, 2016

File an action in the magistrate court to evict her.

See also this like for more information:https://www.dca.ga.gov/housing/housingdevelopment/programs/downloads/Georgia_Landlord_Tenant_Handbook.pdf

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