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Georgia Landlord - Tenant Questions & Answers
1 Answer | Asked in Family Law, Real Estate Law, Landlord - Tenant and Probate for Georgia on
Q: Step mother won't leave property stepson owns. She has been served eviction notice. case cont'd

State of ga. Landlord not notified until day of court Dispute over quit claim deed h

recorded in clerk records back in Feb 2020. Dad died may 2020. sueing estate of dad she's temp admin of for reversal of quit claim deed suit came after evict notice.can she adverse possess? How can she be removed.

Homer P Jordan IV
Homer P Jordan IV answered on Aug 13, 2020

There is a hold on evictions in the state at this time due to the pandemic. It was recently extended once again. You may want to read about here: https://www.fox5atlanta.com/news/georgia-issues-3rd-covid-19-related-evictions-hold

-Homer P. Jordan IV, Esq. 404-620-1558

1 Answer | Asked in Criminal Law, Federal Crimes, Intellectual Property and Landlord - Tenant for Georgia on
Q: Have someone living in our house that is in our grandpa's will. But he hasn't died yet and the will is in our name this

This crazy lAdy just cAme moved in and started staying and said she wasn't going anywhere

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Aug 13, 2020

If she was never invited to stay, you should contact the authorities (police) and have her removed for trespassing. If she has been invited to stay, you will need to move to have her evicted.

We wish you well.

-The Upshaw Law Firm, (770) 240-0922.

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: My landlord told me that I had to renew my lease early before the date that I moved in the apartment. She stated that

If I didnt sign early my rent will go up to a month to month basic

Paula J. Mcgill
Paula J. Mcgill answered on May 28, 2020

Look at your lease.

Leases usually give a required notice of renewal or nonrenewal of 30 or 60 days before it expires.

Normally, within that time frame, a new lease is signed.

1 Answer | Asked in Business Law, Real Estate Law, Tax Law and Landlord - Tenant for Georgia on
Q: Can I transfer a primary residence to my LLC and rent my house from myself, to pay R&M and Capital expenses through LLC?

I own a home in Alpharetta, GA, I believe transferring ownership from myself to an LLC I own would allow the LLC to expense mortgage payments and Repairs & Maintenance costs as a cost of maintaining the property for tenants. I also believe the LLC could capitalize costs related to capital... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on May 18, 2020

Yes you technically can, but it doesn't work. You end up netting if it works out well and you have to defend it in an audit. It always ends up being net taxable when the IRS recalculates the FMV of the rental.

Once you run all the numbers it's comes out that you create tax out of...
Read more »

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: My 3 children wife and myself kicked out during covid without any notice from the landlord or a filed eviction
Paula J. Mcgill
Paula J. Mcgill answered on May 17, 2020

How were you kicked out?

Did the landlord remove your items and change the locks?

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: My landlord gave me a notice to vacate with no reason. I have to be out by june18. Lease not up until October 30th.
Paula J. Mcgill
Paula J. Mcgill answered on Apr 30, 2020

What do you mean no reason?

Are you saying the notice to vacate did not explain why there was an early termination?

Because the lease controls,for the most part, I would have to see the lease.

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: when will it be legally possible to evict a tenant whose termination of tenancy was April 25.

She is saying she cannot find a satisfactory place to live. Meanwhile her job is suspended at the North Fulton community charities.

Paula J. Mcgill
Paula J. Mcgill answered on Apr 27, 2020

You can do the following:

1. Send an immediate vacate notice

2. E-file the dispossessory affidavit

3. Serve through a private process server.

4. This will put you in line to get heard when the courts open up. Note, it is a very long line.

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: Can landlord's file eviction on you during the CoVID 19 pandemic
Paula J. Mcgill
Paula J. Mcgill answered on Apr 26, 2020

A landlord can file a dispossessory in court. However, the courts are closed for civil matters until May 13. Therefore, a hearing on a case that is filed this month is unlikely to be heard before the end of May or the beginning of June.

However, the size of your county will have an...
Read more »

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: What's the eviction process during the pandemic?

Tenant has failed to pay rent for 2 months. With the month of May around the corner, if he doesn't pay he will be 3 months behind. Prior to this pandemic he always paid late and now he just won't pay at all. I've issued him a Pay Rent or Quit notice which gave him 7 days to pay and... Read more »

Paula J. Mcgill
Paula J. Mcgill answered on Apr 22, 2020

The next step is to file the dispossessory. Some Magistrate courts allow e-file. If e-file isn't an option, you may be able to hand deliver it or mail it.

If you are still uncertain about the process, you can contact me demandingjustice@gmail.com.

1 Answer | Asked in Personal Injury, Real Estate Law, Communications Law and Landlord - Tenant for Georgia on
Q: What can I do about the place where I’m staying there’s some discrepancies, my belongings are being missed placed

I just need to know what do I do or what can I do about it

Tim Akpinar
Tim Akpinar answered on Apr 11, 2020

Your post includes Personal Injury as a category, but there did not appear to be any injury-related issues in the brief description. In terms of the discrepancies with belongings you describe, it might be helpful for an attorney to know more information - were these discrepancies in connection with... Read more »

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: Old apartment complex states I didn't give 60 day notice so I owe additional money.

- In July, I applied for an apartment for 6 month lease + emailed manager explicitly stating I'll sign from August - Feb 15th, but move out early Feb 1st to a different state and lose half month rent. Signed electronic lease

- January 10th comes and I email asking about what to do... Read more »

Paula J. Mcgill
Paula J. Mcgill answered on Mar 31, 2020

I assume the rental was going n Georgia.

Look at your lease in the "notice" section. It states the type of notices that are acceptable. If e-mails to the person who you sent the notice is in that section, you shouldn't owe anything.

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: Is it illegal to have a car that doesn't work or have expired tags parked in your driveway?
Anitra Walker
Anitra Walker answered on Mar 30, 2020

In some jurisdictions within Georgia, it can constitute a code violation to have a junk vehicle (e.g. inoperable or which does not bear current registration, current license plate or current state-required inspection sticker) in your driveway, without being in a completely closed structure. I... Read more »

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: I paid deposit plus first months rent but decided not to move in. Do I get the rent I paid ahead back?

I signed a pre lease agreement and paid required deposit to move into an apartment. I voluntarily paid first months rent also. Do I get the rent portion back?

Anitra Walker
Anitra Walker answered on Mar 30, 2020

I suggest you have an attorney review your pre-lease agreement in order to determine your rights. They will need to know the date you signed the pre-lease, whether you were accepted or declined, and the date you were notified of your acceptance or denial. There may be language in the lease that... Read more »

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: For the past three months I have told my landlord that I have been having issues that haven't gotten fixed. What can do

A breaker needs to be replaced that controls some of the lights and a few other things. They only came once to see what the problem was and claimed they would be back the next day to fix it but never did. I keep asking to get it fixed and they never do it. I'm trying to find out if I could get... Read more »

Anitra Walker
Anitra Walker answered on Mar 30, 2020

Landlords have a duty to keep the property safe, habitable and in good repair, and any repairs must be completed in a reasonable time from the initial request. Hopefully, your previous requests for repairs were done in writing and in accordance with your current lease. If the landlord still has... Read more »

1 Answer | Asked in Contracts and Landlord - Tenant for Georgia on
Q: I have a lease on a home that expires March 2022. The landlord wants to sell the house. Can he do that?

There is no clause in my lease regarding landlord terminating lease early

Paula J. Mcgill
Paula J. Mcgill answered on Mar 26, 2020

Yes, the landlord can sell the property,

BUT

the new landlord takes subject to your current lease. That means he steps into the shoes of your landlord.

I assume there isn't a sale provision in the lease that allows the purchaser to terminate the lease.

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: our lease is ending soon our landlord is trying to sell it because of the coronavirus effects. we have never been late

is this legal

Paula J. Mcgill
Paula J. Mcgill answered on Mar 24, 2020

Yes, it's legal

He does not have to renew your lease.

However, check the lease to see if he has a deadline to give you formal notice if nonrenewal.

Also, if the landlord sells the house before the lease is up, the new owner will take subject to the lease. That means...
Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Georgia on
Q: I'm 79 years old with A-Fib. My apartments are asking that I pay my April rent on line. Can I mail a check instead?

Office is closed for Corona Virus, however I have always walked my check into the office. Surely they could pick up mail weekly and process my check. Do not want to jeopardize my credit rating, but can't do online banking. Do I have the right to mail my check?

Homer P Jordan IV
Homer P Jordan IV answered on Mar 24, 2020

I would think you would be able to mail in the payment to the apartment office. Someone must be checking the mail there and it will get processed. Some people, such as yourself, don’t have online banking. Since you always pay it by check I think it would be okay if you mail it in this time.... Read more »

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: I live in an extended stay I have 4 children and the landlord is threatening to kick me out this wasn’t stated orig?

I live weekly and I pay every Tuesday. They didn’t make me aware of the terms and conditions regarding children. The higher authority haven’t even came me notice ?

Paula J. Mcgill
Paula J. Mcgill answered on Mar 22, 2020

What is the rule regarding children?

How are you allegedly violating it?

Is this rule anywhere in the document you signed when you checked in or near the check-in desk?

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Georgia on
Q: What are a tenant's options for terminating a commercial lease or reducing rent during the Corona pandemic?

Hello,

We are small business owners. My wife and I operate a gift shop in Savannah with no employees. The building was recently purchased and our rent increased by 80% in February. We signed a 3 year lease. That lease does not have any option for termination by tenant.

In the last... Read more »

Gregory Byrnes
Gregory Byrnes answered on Mar 19, 2020

You should look at the terms of the lease. Provisions that may be helpful are "Force Majeure", condemnation, and casualty.

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