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... Read 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... Read more »
I don’t see that clause in my lease agreement
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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... Read 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... Read 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... Read 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.... Read more »
My mom has all timers & dose not remember anything. The house is still in her name.
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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... Read 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... Read 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... Read 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... Read 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... Read 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... Read more »
Employee dropped a bag of bath tiles onto my car. Apt complex filed a claim w their insurance company, who have agreed to pay, yet can't tell me when they will pay. ??? What can I do?
answered on Aug 20, 2022
It sounds like your issue is more with your apartment complex's insurance company than the apartment complex itself. Here are your options:
1) You could file a law suit against the apartment complex and the employee who caused the damage. That would certainly move your claim along... Read more »
The apartment complex is pet friendly the patio gate is about 3 and a half feet to 4 foot high
answered on Jul 28, 2022
So you would certainly have a claim against the neighbor for the dog bite, which if he is carrying renters insurance with a liability policy might be covered. To go after the apartment complex for negligence you would have to show some wrongdoing on their part. This could be something like, the dog... Read more »
The apartment complex is pet friendly the patio gate is about 3 and a half feet to 4 foot high
answered on Jul 28, 2022
The short answer is yes. It does not matter that the apartment complex is pet friendly or that it was the maintenance man's dog who bit you. What matters is that you are able to show the owner of the dog knew (or should have known) about the dog’s dangerous propensities. This is done... Read more »
The property management company is charging me for the carpet to be replaced, the walls to be painted, hauling off trash or unwanted items that I moved to the curb for trash pickup...I lived in the apartment for approximately 5 1/2 years. I am asking if these charges are legit? I was under the... Read more »
answered on Jul 7, 2022
It is not standard for the landlord to pay for carpet and painting when a tenant moves out.
However, whether you are responsible for a portion of the carpet replacement will depend on the condition of the carpet when you moved in, the condition of the carpet when you moved out, and the... Read more »
I have a friend living in Alabama. She has a medically fragile child who can’t tolerate heat. Currently the A/C isn’t Working 100%. Maybe 50%. Her house is 85• which is way to hot for her son. What rights does she have??
answered on Jun 27, 2022
A Georgia attorney could advise best, but your question remains open for two weeks. I'm sorry for the difficult situation in terms of excessive heat for the child. This is something a landlord-tenant attorney would probably have the best insight into, in terms of tenant rights. There's no... Read more »
answered on May 17, 2022
May be a violation of your lease or they may be improperly targeting you as a form of harassment. GA has difficult Landlord Tenant law for tenants, but there are some really good self help resources at Legal Aid type clinics.
If the parking violations are legit, it may just be easier and... Read more »
I haven't paid in three weeks
answered on May 5, 2023
In Georgia, thanks to a recent decision and about to change due to new laws, you are a resident the same as if you have a lease.
This is a particularly sticky issue right now, so best to get a lawyer involved as they may have some strong remedies for you. Mike Dunham in Cobb County is who... Read more »
Out. We are only on the notice to quit stage. He's not filed anything with the court yet.
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answered on May 3, 2023
That would be illegal. https://www.dca.ga.gov/sites/default/files/2-15-21_handbook_final_draft.docx#:~:text=NOTE%3A%20During%20an%20eviction%20case,unit%20as%20the%20lease%20describes.
He has also been harassing and lying on us to his attorney. She sent a letter.
answered on Feb 28, 2023
I can't tell what is going on other than you called code enforcement.
What has the landlord done to believe you are being retaliated against?
What do you mean by harassment?
What is the landlord doing?
What specifically is the landlord saying that is untrue?
Landlord was notified of Water leak detected by water department 4 months into our lease. They did not send anyone to fix it until 9 months later and yet there is still a leak at the property. The leak caused our water bill to be extremely high and we have a outstanding balance that's over 3... Read more »
answered on Feb 8, 2023
The answer to this question depends heavily on whether there is a waiver or release of “incidental and consequential” damages in your lease. Such provisions are common in many types of contracts, including leases.
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