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Georgia Landlord - Tenant Questions & Answers
1 Answer | Asked in Real Estate Law and Landlord - Tenant for Georgia on
Q: Hello

I broke a rule in my lease. Probably manager texted me and said that I have to leave property by November 12 due to breach. I was informed one week ago and the property manager said that the sixty days began when lease was breached... and not when I was informed of early termination

Seth Meyerson
Seth Meyerson answered on Oct 14, 2019

I think I have answered this question. I would not assume because your broke a term in your lease that your lease has terminated. See an attorney.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Georgia on
Q: Do I have to have sixty day notice to vacate ?

Property manager claims that I breached my lease on September 12. I was sent a text on October 1 saying that 1. My lease will be terminated early. 2. I have to vacate property by Nov 12 and 3. that the sixty days began when lease was allegedly breached and NOT when I was notified.

I am... Read more »

Seth Meyerson
Seth Meyerson answered on Oct 14, 2019

A breach of the lease could allow the landlord to dispense with any notice provision in the lease and move to dispossess you by demanding the return of the premises and filing a dispossessory action in your county's Magistrate Court. Perhaps your landlord does not understand the law?

Also,...
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1 Answer | Asked in Landlord - Tenant for Georgia on
Q: Can my parents sue a landlord for renting them a home without legally owning it. And is going into foreclosure

They have a lease from when they first moved in.

Paula J. Mcgill
Paula J. Mcgill answered on Oct 10, 2019

In short, maybe. More facts have to be disclosed. Renters who have property that are foreclosed have certain protections. However, the landlord can still be sued for any additional damages that may occur as a result of the foreclosure and premature termination of the lease.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Georgia on
Q: Hello, If I pay rent weekly, my security deposit was only 1 weeks' rent ( 150) Can my landlord use the deposit ifor

1 weeks rent ? and continue to pay rent going forward ? .

j.toland724@yahoo.com

Anitra Walker
Anitra Walker answered on Oct 7, 2019

Yes, if the landlord is in agreement. However, normally, a security deposit is not to be applied to rent while the tenant is still occupying the property. The deposit essentially serves as security to your landlord, in the event you leave the property damaged or in the event you leave without... Read more »

1 Answer | Asked in Estate Planning and Landlord - Tenant for Georgia on
Q: I met this guy a few months ago who lived alone. He just lost his wife and his mom and was really depressed.

I was in a situation where i was previously living and i needed to move. So it seemed like we could both help each other. He asked me if i would consider moving in with him as friends and help him get his house back in order, it would have probably been considered unlivable in its current state.... Read more »

Jammie Taire
Jammie Taire answered on Oct 6, 2019

Hello:

This sounds like a really bad situation and my first response would be for you to leave and get yourself out of this situation. Your safety is of the utmost importance. I am not sure of the question. What is your specific question?

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: my former tenant states that he is not responsible for carpet cleaning after 3 years, chimney cleaning or broken fire

place starter or crack in back wall of fireplace.

Anitra Walker
Anitra Walker answered on Sep 26, 2019

If the damage done to the carpet, chimney, and fireplace is beyond normal wear and tear for a three year period, then your former tenant would be responsible for the cost of repair. If you are still within the 30 days of your tenant leaving the property, you can send them a letter with a list of... Read more »

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: Can a landlord have people in my home before my move out? Can he sue me?

My ex and I signed the lease when we moved in paid a security deposit. My ex did damage to the house that the landlord had me pay for after the ex was gone. It was a domestic violence relationship and I filed restraining order removing him from the lease. I never got another lease with just me. My... Read more »

Anitra Walker
Anitra Walker answered on Sep 24, 2019

In most cases, a landlord will withhold a portion (or all) of the security deposit to cover damages to the property which are considered beyond normal wear and tear. If the damages are more than the amount of the security deposit, the landlord will send a bill for this additional cost to repair.... Read more »

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: I broke my lease, but the lease did not say that I had to pay 2 months rent.
Anitra Walker
Anitra Walker answered on Sep 17, 2019

Normally, there is a penalty for breaking a lease. My suggestion is to consult with an attorney and have them review your lease to determine whether you are responsible. They will have specific questions regarding your reason for breaking the lease such as, "are you on active duty military?"... Read more »

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: landlord claiming that part of security deposit is for first time movers fee but not shown on lease.

Our lease says entire 515 is for deposit and refundable but landlord says portion was for first time movers fee and non deductible.

We should get the entire refund based on the lease correct?

Anitra Walker
Anitra Walker answered on Sep 13, 2019

The landlord can keep the security deposit (or a portion of the deposit) to cover damages which occurred as a result of your time in the property. These damages must be more than the normal wear and tear that naturally occur. The landlord can also keep the deposit to cover any unpaid rent, late... Read more »

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: I want to give a 60 day notice to a long term tenant. I know he can’t afford to pay for current market rents.

He isn’t very clean and he has a dog that he brought home one day without asking permission. We allowed him to keep it but no longer want him or the dog to live there. Do I need a reason to give him a 60 day notice? He doesn’t have a lease.

Paula J. Mcgill
Paula J. Mcgill answered on Sep 9, 2019

Month to month tenants are subject to 60 day lease terminations. You don't have to give a reason.

1 Answer | Asked in Contracts, Civil Rights and Landlord - Tenant for Georgia on
Q: violation of privacy in a apartment I am being apartment I am being electronic harassed will to pay for investigator

Spyware on for 7 months as I write I hear them closing up sounds like flooring and my refrigerator goes off when the beeping start but now it’s back on and u can hear the person following me from room to room

Gary Kollin
Gary Kollin answered on Sep 5, 2019

Have you recorded any of this?

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...
Read more »

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...
Read more »

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