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Georgia Landlord - Tenant Questions & Answers
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
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.

1 Answer | Asked in Real Estate Law, Appeals / Appellate Law, Collections and Landlord - Tenant for Georgia on
Q: How did the judge change his summary judgement where I was not a defendant to me becoming a co-defendant and liable?

Not on any lease for the apartment complex with no signed documents with them I had moved in to help the lease holder financially two plus years ago with him leaving town shortly after I continued to pay the rent and utilities for over 20 months no issue but late once COVID hit. Was to get... Read more »

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

Honestly, there are too many moving parts in your situation. It would be best for you to sit down with an attorney to discuss the problems you have individually and more specifically.

1 Answer | Asked in Civil Litigation, Landlord - Tenant, Municipal Law and Public Benefits for Georgia on
Q: What do I do when my HOA acts in an inappropriate manner?

1. HOA pools are defined as public in the department of public health document regarding pools. Public pools are smoke-free. But my HOA refuses to uphold a non-smoking rule.

2. The board member in charge on the grounds has a maintenance company and performed a job for the HOA. Conflict of... Read more »

Randy Bryan Ligh
Randy Bryan Ligh answered on Jun 16, 2021

If the HOA is not policing itself, then you can either vote the Board off and correct it, or you can consult with a HOA attorney in your area, obtain your options and then decide how to proceed from there. If there are other members of the HOA who are like mind with you, then y'all may be... Read more »

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: I informed the tenant I wanted to sell the property. She agreed to move out. She did indeed got a new place May 18.

She agreed to hand over the keys june 8. On the 8

June 9th she claimed to still have personal property inside. Then agreed to hand over the keys June 14 to the realtor. Now she has told

the realtor not to get involved as her and I have a civil case. Year 1 was a lease. For the... Read more »

Paula J. Mcgill
Paula J. Mcgill answered on Jun 15, 2021

What is your question?

If you complied with lease or law by giving her notice and she refused to leave, file a dispossessory action against her to start the eviction process.

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: Can a landlord evict you or not renew lease for calling code enforcement and calling maintenance for multiple issues?

My landlord is retaliating because of the bbb complaint, code enforcement having to making them get me a new stove that didn’t work and cut the grass as they hadn’t before I moved in. He did state that he would give deposit back but it’s so hard to find a place to stay right now and I feel... Read more »

Paula J. Mcgill
Paula J. Mcgill answered on Jun 14, 2021

You may be protected if there isn't an early termination provision in the lease or if you are not at the end of your lease.

Georgia does not have a for cause statute that requires the landlord to renew the lease, except for cause.

1 Answer | Asked in Contracts, Landlord - Tenant and Real Estate Law for Georgia on
Q: I recently just signed a lease and I called them and they said I had to pay the full rent or find someone to replace me

What do I do ??? I really don’t feel prepared to move in I didn’t really think it through and this is a student apt

Michael D. Birchmore
Michael D. Birchmore answered on Jun 7, 2021

Well, if you are an adult and you signed the lease, you are likely to be bound to it. The LL is simply trying to collect the rent for the apartment. It can be from your or someone else.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Georgia on
Q: what happens after lease is terminated but tenant didn't move out.

I am the landlord, lease is terminated with tenant. My lease has plenty for terminating early and hold over fee as well. I notified my tenant with letter and email. He acknowledged. He didn't move out since he wasn't able to get a place. I let him stay due to covid. Know he give me 60... Read more »

Anthony M. Avery
Anthony M. Avery answered on May 3, 2021

You have made a mistake. Hire a competent attorney to file an eviction action for possession only today. You are only loosing rent monies dealing with the tenant in this fashion.

2 Answers | Asked in Civil Litigation and Landlord - Tenant for Georgia on
Q: Hello, I have payed a Rent deposit to a Family Member and Friend and I've recently been Evicted. A week from Payment.

Hello, I've been Evicted a number of times illegitimately in the past year and I've slowed to a halt with being mistreated this way. I am a full-time student and my Grandparents have threatened me to leave without returning my payment and I've also been Evicted without a Legal Dispossessory Process.

Michael D. Birchmore
Michael D. Birchmore answered on Apr 29, 2021

Okay. File a wrongful eviction case if you believe that is appropriate, move out or live with it.

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1 Answer | Asked in Landlord - Tenant for Georgia on
Q: Plaintiff dismiss case. of eviction/ monies owed. Illegally evicted me then put a balance on my credit. what can i do?

Case was dismissed August 2020, My lease was not up until Sept 2020. I started to move my things to a new apt and when i returned that Sunday the locks were changed. I had not turn in the keys to the residence.

Paula J. Mcgill
Paula J. Mcgill answered on Apr 28, 2021

You may have a claim for wrongful eviction (lockout), conversion (keeping your items locked inside), breach of contract (your lease had not expired), trespass, and/or negligence.

You should contact a lawyer as soon as possible to schedule a consultation.

The lawyer may be able to...
Read more »

3 Answers | Asked in Divorce and Landlord - Tenant for Georgia on
Q: I’ve been trying for over 6 months to get a notarized paper from my husband to began divorce proceedings. The statement

The statement is to verify that we have worked out bills and what not amongst each other. Could I file without that statement?

Robbie Levin
Robbie Levin answered on Apr 20, 2021

You can file the divorce petition. You do not need the statement from him to file.

For more information, visit my website at www.LevinLawyerGa.com.

-Law Office of Robbie M. Levin

(404) 281-5897

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1 Answer | Asked in Personal Injury and Landlord - Tenant for Georgia on
Q: Hi, What can I do as a senior citizen who encountered a slip n fall, due to the negilegence of the property owner?

Leaking roof since 2012,&b/4 we moved in.we hv no ventilation, no windows can be opened, mold&mildew n kitchen under sink n cabinets, w/a split in kitchen ceiling at least 12" & has grown over time& u can c into the ceiling! My husband got aspirating pneumonia n was... Read more »

Tim Akpinar
Tim Akpinar answered on Apr 17, 2021

A Georgia attorney could advise best, but your post remains open for three weeks. At this point, you could continue to await a response or you could reach out to attorneys. You can use the tab above (Find-a-Lawyer), or search for attorneys independently on your own. Good luck

Tim Akpinar

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: Can landlord shut off power during eviction even if it’s not in tenant name?
Paula J. Mcgill
Paula J. Mcgill answered on Feb 23, 2021

When you saying eviction, what do you mean?

In Georgia, if the landlord filed a dispossesory action in court, but the sheriffs/marshals haven't come out to supervise the ejectment, the landlord cannot turn off the power, water, or gas. In fact, that is considered a wrongful eviction....
Read more »

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: Can I be evicted in georgia just cause they want there property back not because you are behind on payments
Paula J. Mcgill
Paula J. Mcgill answered on Feb 17, 2021

If the landlord wants its property back for no reason, in Georgia, that can happen for the following reasons:

(1) the lease has ended and proper notice has been given of the termination.

(2) an early termination provision is in the lease, and it is exercised with the proper notice....
Read more »

2 Answers | Asked in Estate Planning and Landlord - Tenant for Georgia on
Q: My mother in law passed a little over a week ago. My husband and I live next door and his name is on the deed to our

And his name is on the deed to hers as well. His cousin moved in with her about a year ago and was only suppose to stat a few months but here we are a year later. My question is, is my husband allowed to kick him out because he won't be paying for power and such and we don't want the... Read more »

Ellaretha Coleman
Ellaretha Coleman answered on Feb 1, 2021

No, he can not just kick the cousin out, unfortunately. He will need to go through the proper legal channels to have the cousin evicted.

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1 Answer | Asked in Landlord - Tenant for Georgia on
Q: I rent my home and have 4 adult children living with me I need my son to move out

I rent my home and have 4 adult children living with me and my middle son is 25 and becoming increasingly hard to deal with. Verbally aggressive and very disrespectful. I wanted to know what I can do to have him leave my home? /move out! I don’t want things to escalate to violence as I’m doing... Read more »

Homer P Jordan IV
Homer P Jordan IV answered on Oct 19, 2020

Considering your son is an adult and you no longer want him living in the home you can ask him to leave. If he refuses, you can take a legal route to ensure that he moves out. If he refuses to leave, consult with an attorney who can help you with your options to move forward.

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Georgia on
Q: Do tenants have a legal right to receive a receipt for paid rent in Georgia? Because I'm having issues with management
Seth Meyerson
Seth Meyerson answered on Oct 15, 2020

As long as you do not pay with cash you should have a record of your payment.

1 Answer | Asked in Civil Litigation and Landlord - Tenant for Georgia on
Q: A guest at a hotel has my property & refused to pay the hotel. The hotel won't return my property to me. What to do?

He had a musical instrument in the room. He has now left without paying. The hotel owner has taken it home and will not return it to me until the guest pays his bill. What do I do?

Seth Meyerson
Seth Meyerson answered on Oct 7, 2020

You may sue for replevin -- the return of the property.

1 Answer | Asked in Criminal Law and Landlord - Tenant for Georgia on
Q: I have a landlord who came over without my consent and took his tractor dumped my golf cart over is that criminal damage
Seth Meyerson
Seth Meyerson answered on Oct 2, 2020

You should call the police and see if they will take it up as criminal trespass or the like. You might also sue civilly for trespass. See an attorney

1 Answer | Asked in Civil Litigation, Criminal Law, Landlord - Tenant and Small Claims for Georgia on
Q: I was jumped by 2 Customers and Employee. Can I sue the company?
Priscilla T. Upshaw
Priscilla T. Upshaw answered on Sep 17, 2020

The answer to your question depends on the details surrounding the incident, and without more information, it is difficult to provide you with a definitive answer. For this reason, it is best to contact an attorney who can assist you with the specifics of your circumstances.

We wish you...
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1 Answer | Asked in Landlord - Tenant for Georgia on
Q: The landlord sold the home, whom should I get eviction notice? Have only received a Symon from the landlord.

The new owner has threatened he is going to come throw out my things in 7 days? Is that allowed?

Paula J. Mcgill
Paula J. Mcgill answered on Sep 16, 2020

First, look at your lease. What does your lease say about sales? Some say the owner has the right to give you 30 or 60 day notice to vacate. Others are silent. If the lease is silent on a sale, the buyer takes subject to the lease. Therefore, they must comply with the lease as the new... Read more »

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