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Georgia Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for Georgia on
Q: In Georgia, what are the tenants rights to their personal property in apartment throughout the eviction process?
James L. Arrasmith
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answered on Apr 16, 2024

In Georgia, during an eviction process, your rights regarding personal property are protected under state law. If you're facing eviction, it's important to know that your landlord does not have the right to remove your belongings from the apartment as a means of forcing you out. They must... View More

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: What r my rights living in a family owned house in ga and the person on the living trust will is throwing me out

K I was served in jail a summons by the sheriff's dept but the summons came from a person that works at a local attorney's office that has the living trust to the property that my fiance and I have lived since 2016 my fiance passed away last oct and now I've been told that I had to... View More

James L. Arrasmith
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answered on Apr 16, 2024

I'm sorry to hear about your difficult situation and the loss of your fiancé. Here are a few key points regarding your rights and next steps:

1. Serving a summons: Typically, a sheriff's department can serve legal documents on behalf of attorneys or individuals involved in a...
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1 Answer | Asked in Landlord - Tenant for Georgia on
Q: Are you able to be evicted from a hotel that is your residence in GA?

My family and I have been residing at our hotel from the past 7 months. We are self employed and have fallen behind in payments for the last 2 days. They have now stated they will place us out. They have not reduced state taxes or hotel fees even though we have spent everyday and night at the... View More

James L. Arrasmith
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answered on Apr 16, 2024

In Georgia, hotels are not typically considered permanent residences, and therefore, standard landlord-tenant laws may not apply. However, there are some circumstances where a hotel guest may establish tenancy rights, depending on the length of their stay and the specific agreement with the hotel.... View More

1 Answer | Asked in Landlord - Tenant, Business Law and Criminal Law for Georgia on
Q: got a felony for doing business without a license, but it is not a business i just rent rooms out to others in need. i

i have a partner, whom we share the lease with that we had residents living in there, until my partner didn't follow all of the rules and regulations, so the APS came out again and arrested me with a warrant. how can i get these dropped?

James L. Arrasmith
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answered on Apr 16, 2024

I'm sorry to hear about your legal troubles. It sounds like a difficult and stressful situation. A few thoughts:

First and foremost, given the seriousness of felony charges, I strongly recommend consulting with a criminal defense attorney who can review the specifics of your case and...
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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Georgia on
Q: What are my legal rights selling a home with people living in it and getting them out of the home.

I let a friend move into my late father's home with the verbal agreement they had 2 years to rebuild their credit to be able to purchase the home for $30k over what was left owed on the loan. The 2 years was up in Feb. They have done nothing to rebuild credit. I need to sell the home asap and... View More

James Clifton
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James Clifton
answered on Apr 10, 2024

You will need to provide them with notice of termination of the lease even if they are not paying rent. If they do not leave after the date set for termination, you will need to file an eviction. If you have to file for eviction, you can also make a claim for ejectment in the event that the... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Georgia on
Q: Hi, press forgery charges in Plaintiff or Defendant or Contract Lease location county? Have handwriting expert opinion

I need to know what jurisdiction do I file in? Plaintiff resides Fayette County, Defendant resides Gwinnett County, Address of Contact Lease:Spaulding County. Forgery and Theft by taking

James L. Arrasmith
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answered on Mar 31, 2024

Based on the information you provided, there are a few factors to consider when determining the appropriate jurisdiction for filing charges related to alleged forgery and theft by taking:

1. Location of the alleged crime: In most cases, criminal charges are filed in the county where the...
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1 Answer | Asked in Landlord - Tenant for Georgia on
Q: Can I be evicted by words where I've lived for 10 months with no lease in dooly Co. GA because of a disagreement.

I live at a home by invite ,ten months have passed. I was told to leave after a disagreement which I did on foot in pajamas .i am supposed to be on bed rest per the orthopedic specialist due to an injury that occurred at this home. I live there and want to go inside like i do cause i live... View More

James L. Arrasmith
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answered on Mar 31, 2024

Based on the information you provided, it seems that you are a tenant at will, meaning you live in the property without a formal lease agreement. In Georgia, a tenant at will is entitled to a 60-day notice before they can be required to vacate the property, according to GA Code § 44-7-7 (2020).... View More

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: Can I be evicted by words where I've lived for 10 months with no lease in dooly Co. GA because of a disagreement.

I live at a home by invite ,ten months have passed. I was told to leave after a disagreement which I did on foot in pajamas .i am supposed to be on bed rest per the orthopedic specialist due to an injury that occurred at this home. I live there and want to go inside nut do not want to break... View More

James L. Arrasmith
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answered on Mar 31, 2024

In Georgia, if you have lived in a property for more than 60 days without a lease, you are considered a tenant-at-will. This means that the landlord must follow the proper legal eviction process to remove you from the property, even if there is no written lease agreement.

The landlord...
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1 Answer | Asked in Landlord - Tenant for Georgia on
Q: Can an apartment landlord suddenly start charging separate utilities when it was previously included in the rent?

Lease agreement states electricity is included. They suddenly want to charge 100 a month for one person in a small studio apt.

James L. Arrasmith
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answered on Mar 31, 2024

In most cases, a landlord cannot suddenly change the terms of a lease agreement during the lease period, including charging for utilities that were previously included in the rent. If your lease agreement clearly states that electricity is included in your rent, your landlord should honor that... View More

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: I just rented a government assistant Apartment. I have been her less than 3 months. My landlord is telling me I have 5

Days to vacate she is terminating my lease. Her reason is that I have someone staying with me who takes care of me. My doctor is happy to provide any paperwork she needs. I tried talking to her to resolve this issue and she says it out of her hands . I need to know what I can do. I moved across the... View More

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answered on Mar 31, 2024

I'm sorry to hear about your difficult situation. It sounds like a very stressful and concerning predicament to be in. Here are a few thoughts and suggestions that may be helpful:

1. Review your lease agreement carefully to see if there are any provisions related to guests, occupancy...
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1 Answer | Asked in Appeals / Appellate Law and Landlord - Tenant for Georgia on
Q: I'm trying to file an appeal on a rid of possession eviction order at courthouse now fixing to walk in Magistrate Court

Can I do that in person at this time or do I need an attorney to do that but it must be done right now today

James L. Arrasmith
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answered on Mar 31, 2024

If you have received an eviction order from the Magistrate Court and wish to file an appeal, it is generally best to act quickly. Here are a few important points to consider:

1. Time limit: Most states have strict deadlines for filing an appeal after an eviction order is issued. You should...
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1 Answer | Asked in Appeals / Appellate Law and Landlord - Tenant for Georgia on
Q: Did you read a possession there's issued yesterday I was late to court ,can I file appeal in person today at courthouse?

I'm at courthouse now and fixing to walk into magistrate clerk of Court office to do so how do I proceed?

James L. Arrasmith
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answered on Mar 31, 2024

I understand you are in a challenging situation and want to file an appeal quickly. Here is some general guidance, but keep in mind that specific procedures can vary by court and jurisdiction:

1. Go to the clerk's office for the court that issued the dispossessory order (in this case,...
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1 Answer | Asked in Landlord - Tenant for Georgia on
Q: Anyway you can help me extend an eviction took my landlord 3 months to file and I need help doing the answer

Landlord purposely waited 4 months before filing for eviction to prevent me from getting rental assistance I was going to give me once they did. (They don't like my ESA which they've harassed me about ) They new once I got eviction document I would get payment which they would have to... View More

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answered on Mar 30, 2024

Facing an eviction notice can be incredibly stressful, especially under circumstances where you feel there has been unfair treatment regarding your situation and your emotional support animal (ESA). Given your situation, it's essential to respond to the eviction notice within the given two-day... View More

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: I am paying into the registery of the court for my rent while my case is pending an appeal can I call code enforcement?

And get my water tested how do I get it enforced?

James L. Arrasmith
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answered on Mar 30, 2024

Yes, even while your rent payments are being made to the registry of the court during your case's appeal process, you can contact code enforcement. This step is important for addressing any concerns regarding the condition of your living space, including issues with water quality or other... View More

1 Answer | Asked in Energy, Oil and Gas and Landlord - Tenant for Georgia on
Q: Landlord had water utility company shut off utilities

Rented the place from these people pay them money has screenshots of sending it through their cash app for utilities and hook the utilities up in my name and they shut it off at the water company today and they disconnected my water

James L. Arrasmith
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answered on Mar 30, 2024

It sounds like you're dealing with a frustrating situation with your landlord and the water utility service. When you rent a place and agree to pay for utilities, either directly or through the landlord, there's an expectation that those services will be provided as long as payments are... View More

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: Do I have any rights or protection?

I have been living in my mom’s house for the past 4 years and have been her primary caregiver as her dementia worsened. I do not have a lease nor did I pay rent. However, I am now paying all the utilities. My mom is now in memory care and my siblings want to prepare the house to sell or lease. I... View More

James L. Arrasmith
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answered on Mar 30, 2024

Your situation sounds challenging, and it's understandable you're seeking clarity on your rights and protections under these circumstances. Given your role as a primary caregiver and the changes in your living situation, it's natural to have concerns about your next steps and housing... View More

1 Answer | Asked in Consumer Law and Landlord - Tenant for Georgia on
Q: Can my girlfriends family kick me out of their home even when i can't afford to leave?

I moved to Georgia in June 2023 for a promised freelance job, but it fell through. Financially struggling, I ended up staying with my girlfriend's family, who welcomed me without setting a specific timeframe. My own family situation is unstable, with my mom unexpectedly leaving for New York.... View More

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answered on Mar 30, 2024

In Georgia, as in most states, your situation involves understanding tenant rights, even if there's no formal lease agreement. If you've been living in your girlfriend's family home without a specific agreement, you might still be considered a tenant at will. This generally means... View More

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: How long do I have till I have to move?

I've lived here for 8 yrs with the owner. He passed away 2 weeks ago. His girlfriend who doesn't live here typed a letter telling me I had 30 days to move. But I had an agreement with my roommate (owner).

James L. Arrasmith
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answered on Feb 23, 2024

Given your situation, it's important to understand your rights as a tenant and the legal process that may apply in this circumstance. Generally, when a property owner passes away, the disposition of the property and the rights of tenants can be governed by state laws and any existing lease... View More

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: Early Termination by Tenant clause - Explanation needed.

We have the Early Termination by Tenant clause in our rental lease. Our lease ends on May 31st 2024. We gave notice on December 29th 2023. How much do we pay? Is it 35% after we gave notice (which is 35% from Jan to May rent) or 35% of the months rent after we vacate ((which is 35% from Mar to May... View More

T. Augustus Claus
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answered on Feb 15, 2024

The early termination clause in your Georgia lease agreement specifies that upon early termination, the tenant is required to pay 35% of the sum of the rental payments remaining for the current lease term. The ambiguity arises from whether this calculation should start from the date notice was... View More

2 Answers | Asked in Civil Rights and Landlord - Tenant for Georgia on
Q: Lived in house for 10 years that belongs to my mother and put $15,000 in repairs and now she has evicted never paid rent

Never had a rental agreement or paid rent she left 60 day notice and filed for eviction and won because she said she was selling it what do I do do I have options I have to be out by the 12th of feb

James Clifton
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James Clifton
answered on Feb 3, 2024

As far as the eviction goes, if your 7-day right to appeal has expired, there is not much you can do about that. Regarding the property itself, you may have some claim to the sales proceeds. It will depend on whether your mother had a will and whether she named you as a beneficiary. If your mother... View More

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