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Georgia Landlord - Tenant Questions & Answers
1 Answer | Asked in Civil Litigation and Landlord - Tenant for Georgia on
Q: How can I make my apt complex pay for my shattered windshield? Their employee dropped a bag of trash on it.

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?

Michael W. Horst
Michael W. Horst
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...
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2 Answers | Asked in Personal Injury and Landlord - Tenant for Georgia on
Q: Can I sue my apartment complex if my neighbor who is also the maintenance man dog jumped his patio fence and bit me

The apartment complex is pet friendly the patio gate is about 3 and a half feet to 4 foot high

Nelson Craig Johnson
Nelson Craig Johnson
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 »

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1 Answer | Asked in Appeals / Appellate Law and Landlord - Tenant for Georgia on
Q: Am I allowed to view e-records from the other party if those e-records are used against me in court?

The landlord's ledger of my payments is an e-file. The judge said that the final decision would be based on that ledger. Can I view it too?

Charles William Michaels
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Charles William Michaels
answered on Jul 26, 2022

You should be able to view the entire record, including materials from the other side.

1 Answer | Asked in Consumer Law and Landlord - Tenant for Georgia on
Q: I moved out of an apartment and my landlord is charging me for a stove that caught fire when cleaning team cleaned it

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 »

Paula J. Mcgill
Paula J. Mcgill
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...
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1 Answer | Asked in Landlord - Tenant for Georgia on
Q: WHAT LAWS PROTECT A MEDICALLY FRAGILE CHILD FROM A LANLORD WHO WONT FIX A/C???

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??

Tim Akpinar
Tim Akpinar
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 »

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: Hi im being evicted from my apartment due to parking violations what actions can i take on this matter
Joshua Schiffer
Joshua Schiffer
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...
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1 Answer | Asked in Family Law and Landlord - Tenant for Georgia on
Q: Wife and I rent from her parents. The father tried to move in and is raising rent after we refused. What can we do?

My wife and I agreed to rent this property from her father due to them explaining that the condition of the house was not suitable for sale. After about 4-5 years of this situation going fairly rough. He attempted to reach out to us to try to move back in with us while we were still renting. My... Read more »

Zachary Taylor Beck
Zachary Taylor Beck
answered on Apr 4, 2022

If you have a lease it will likely control the contractual relationship. Thus, if the lease sets a certain rental amount from say April 4, 2021 to April 4, 2022, then the father likely cannot raise the rental amount within those dates. Even if the father attempts to raise the rental amount mid... Read more »

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: Landlord changed locks on me but left door open but I don’t have a key

Is there anything I can do to delaying the eviction??

Paula J. Mcgill
Paula J. Mcgill
answered on Feb 24, 2022

The landlord cannot change the locks on you without filing for an eviction and obtaining a writ of possession.

Once a writ has been obtained, before changing the locks, the items must be placed outside so you can get it.

You should demand a key in writing. If it is denied, you...
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1 Answer | Asked in Landlord - Tenant for Georgia on
Q: What is the minimum amount of a lawsuit in Georgia to transfer a case from county Court to State Court for jury trial?
Paula J. Mcgill
Paula J. Mcgill
answered on Feb 24, 2022

It depends.

If you are in Magistrate Court as a defendant in a dispossessory action, the action can be transferred on a counterclaim for more than $15,000.

If you are beginning nondispossessory civil action and want to transfer it from Magistrate Court, you can file an amended...
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1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Georgia on
Q: I hired a management company but fired them. I sold the house shortly there after. Now they want 3% commission

they did not market the house nor did they locate the tenant. I did not sell the house to the tenant or anyone related to the tenant but to an investment company. Are they entitled to this commission payment? Area of question is Atlanta GA

Glenn M. Lyon
Glenn M. Lyon
answered on Jan 18, 2022

It depends on the terms of the agreement with the management company. Sometimes the agreement will state that they still earn a commission if the house sells within a certain time even if the agreement has been terminated. Have an attorney review the terms and advise of your options.

1 Answer | Asked in Landlord - Tenant and Tax Law for Georgia on
Q: I am in a rent-to-own in Georgia and my landlord has asked me to pay property taxes. How should I handle this?

We are 6 months into the rent-to-own contract and property taxes is not something that was previously mentioned as our responsibility. Additionally, we were only told about it needingnto be paid 4 days before the taxes are due in our respective county.

Paula J. Mcgill
Paula J. Mcgill
answered on Dec 19, 2021

If it is not in the lease, you don't have to pay.

The best way to shut the conversation down is to ask the landlord where in the lease it requires you to pay taxes.

If he can't point to it, tell him, then you don't have to pay it.

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: I am renting to own and my landlord is forcing me to get my own well. By a certain date.Can she do that?

She said if I didn’t have my own well by a certain date she will void the contract and put me out. Can she do that?

Paula J. Mcgill
Paula J. Mcgill
answered on Nov 1, 2021

Look at the lease or have an attorney look at it.

As a general rule, the landlord is responsible for all repairs and improvements.

The fastest way to resolve this is to force the landlord to show you where in the lease/rent to own contract that you can be required to put in a...
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2 Answers | Asked in Contracts, Real Estate Law and Landlord - Tenant for Georgia on
Q: In state of georgia, is landlord required to give notice when lease is nearing expiration?
Glenn M. Lyon
Glenn M. Lyon
answered on Oct 14, 2021

Not unless the lease requires it.

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1 Answer | Asked in Landlord - Tenant for Georgia on
Q: Can I get an eviction on my Rental history because I paid late rent but was never evicted?
Paula J. Mcgill
Paula J. Mcgill
answered on Sep 13, 2021

If they filed a dispossessory action against you in court, that filing will be on the court records and therefore on your rental history. If an eviction shows up on your record, you should dispute it.

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: Can my landlord refuse rent from rental assistance because she doesn't take government money
Paula J. Mcgill
Paula J. Mcgill
answered on Sep 3, 2021

In short, yes.

There is no legal requirement to accept government government to keep you in the house.

1 Answer | Asked in Business Law, Civil Litigation, Landlord - Tenant and Small Claims for Georgia on
Q: How do I serve C T Corporation System in Lawrenceville GA listed as registered agent for property management company?

Property management company currently managing apartment complex in Marietta GA is in violation of tenant lease agreement. Principal address of the business is listed in UT; registered agent is a corporation by the name C T Corporation System in Lawrenceville GA. Gwinnett County sheriff is said to... Read more »

Michael D. Birchmore
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Michael D. Birchmore
answered on Aug 24, 2021

CT Corporation is a company that acts as registered agent for thousands of companies throughout the country. The deputy certainly knows how to serve CT Corp. You are likely drafting your lawsuit pleadings incorrectly. You do not sue CT Corp, you sue the company and serve CT Corp which then gets... Read more »

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Georgia on
Q: I rent commercial property, and I would like to know where I can take my rent money to be held until repairs are made.

the air conditioner is not working I have tried to have it fix but it is not a minor repair, this the landlord should have repaired but he doesn't want to talk about it. And I'm afraid that if I keep paying him he will not fix it. and if I do not pay he will threaten to evict me and kick... Read more »

Michael D. Birchmore
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Michael D. Birchmore
answered on Aug 20, 2021

It sounds like you are in a business arrangement. I have always advised folks that if they are going to be in business, then BE in business. By this I mean that what you are doing here is a business matter. Because this situation involves too many moving parts, it cannot be adequately addressed... Read more »

1 Answer | Asked in Foreclosure, Real Estate Law, Landlord - Tenant and Legal Malpractice for Georgia on
Q: The indenture date on the deed under power has the 3rd Tues, shouldn't it be dated the 1st Tues to be a forclosur sale?

The lender foreclosure/indenture date of sale is the 3rd Tues, instead of the 1st Tues. The purchaser that bought the house from the lender has all the foreclosure fees in the HUD STATEMENT. Sale date is the 3rd Tues.

Can a lender avoid going to the court house steps & sell/foreclose on... Read more »

Michael D. Birchmore
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Michael D. Birchmore
answered on Aug 18, 2021

Your second paragraph is answered "It depends." The devil is in the wording of the documents.

The first paragraph does not ask a question.

If your question is only one question involving both paragraphs, again the answer would be "It depends."

1 Answer | Asked in Landlord - Tenant, Contracts and Real Estate Law for Georgia on
Q: Is it safe to rent or to a tenant due to COVID 19
Michael D. Birchmore
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Michael D. Birchmore
answered on Aug 18, 2021

Sorry. This is not a legal question. You'll have to figure this one out on your own.

1 Answer | Asked in Real Estate Law, Civil Litigation, Elder Law and Landlord - Tenant for Georgia on
Q: In a dispossess proceeding against me for a house I own. No notice. plaintiff won. entered illegally w/o sheriff

Eviction my property in Ga. No landlord tenant relatioinship. Person entred my house illegally, broke locks removed all belongings[2 story home ownd for 60+years family] Indiv. placed stuff in storage. I wasn't there, and dont know what was removed. Never seen storage unit. Also removed a... Read more »

Michael D. Birchmore
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Michael D. Birchmore
answered on Jun 28, 2021

Wow. Sounds like you're into it. Did you have a question for us? You gave us a story; not a question. We can only answer questions that you put to us.

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