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Georgia Landlord - Tenant Questions & Answers
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 when I... 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 a... 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 the...
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.

1 Answer | Asked in Criminal Law and Landlord - Tenant for Georgia on
Q: Hi, my landlord is telling me i need to move after paying 1 months of rent because my husband has a past charge

And theres another person in the same trailer park that has the same crime. They knew he had the charge and on the lease. I payed them $1100 to move in. I pay $672 a month. Also has upkeep maintenance issues

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Feb 23, 2020

It is best to contact an attorney as soon as possible.

We are glad to assist you. Contact us whenever you are ready.

I wish you well.

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

1 Answer | Asked in Bankruptcy and Landlord - Tenant for Georgia on
Q: Landlord left off mailing matrix in chapter 13 filling, should I just wait until bankruptcy is dismissed to file claim?

Our tenant filed Chapter 13 bankruptcy in December 2018 but did not tell me until 72 days after filling (informally forwarded email from BK trustee saying their filing was approved).

I was never notified by the bankruptcy trustee, am not listed as a creditor on the mailing matrix, and... Read more »

Timothy Denison
Timothy Denison answered on Feb 22, 2020

If you think bk is going to be dismissed, wait until it is dm and then sue the debtor.

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: I bought a house with a month to month tenant. What is the eviction process if we have no rent agreement?

I have given written and verbal warning their month to month agreement will not sustain after Feb 28th. I have offered money for keys by March 30th.

Paula J. Mcgill
Paula J. Mcgill answered on Feb 18, 2020

If it is a month to month tenant, you take subject to the tenancy. Unless, there is a shorter period agreed to by the parties, you must give 60 days notice. Once the 60 days notice had ended, you must seek court intervention to remove them.

1 Answer | Asked in Contracts, Landlord - Tenant and Real Estate Law for Georgia on
Q: Can a landlord require me to purchase a whole year of renters insurnance mid-lease, when original lease didn't require?

My landlord is trying to make me sign an addendum to agree to get renter's insurance, for a full year, and my lease started in August, with no mention that renters is required, it strictly states that "renter's insurance is not mandatory, but we do encourage you to obtain it to cover your personal... Read more »

Paula J. Mcgill
Paula J. Mcgill answered on Feb 5, 2020

If the lease did not originally required it, the next section you have to look at are amendments and notice. Is there a section in your lease that allows the landlord to amend the lease with notice. If not, than I don't see how he can do it. However, you may want to take the lease to an attorney... Read more »

1 Answer | Asked in Civil Litigation, Contracts and Landlord - Tenant for Georgia on
Q: Landlord sued me for breaking lease due to black mold in residence.

He was awarded only a small amount of what he was asking in court, I sent him checks monthly paying what I could, he never cashed them. He has now ordered my wages to be garnished. How much is he allowed from each pay period?

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Jan 28, 2020

It is best to contact an attorney who can go over the specifics of your case. Without more information, it is difficult to provide you with an accurate answer.

I wish you well.

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

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: What are the laws regarding tenAnt property post eviction in ga?Can landlord take tenants property after sheriff leaves?

Does landlord have the right to refuse tenant access to their personnel property on front yard and convert property to their own?

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

In short, no

The landlord must put the property in a location where the tenant can get it

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: Previous landlord is trying to charge us rent from May if 2017. Can they charge us almost 3 years later?
Paula J. Mcgill
Paula J. Mcgill answered on Jan 24, 2020

A breach of contract has a long statute of limitations. So, three years is not too long.

Whether they have a valid legal claim is another thing.

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: During the eviction, I didn’t get all my items because landlord didn’t have the key. Can I sue for my items?
Paula J. Mcgill
Paula J. Mcgill answered on Jan 24, 2020

The landlord must put your things out so you can get them on the day of the eviction. Failure to do so means he has converted your property. Yes, you can sue.

1 Answer | Asked in Arbitration / Mediation Law and Landlord - Tenant for Georgia on
Q: My apartment is seriously infested with roaches

They have had pest control come out but he isn't using proper chemicals for German Roaches. I had to throw out my microwave because a nest was in it, what are my options and rights

Paula J. Mcgill
Paula J. Mcgill answered on Jan 13, 2020

You can sue the landlord in Superior Court to force a repair (AKA extermination of the roaches) and obtain damages for failure to repair. If you live in a rental house, you also have the option of informing the landlord that you intend to repair the situation yourself by hiring your own licensed... Read more »

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: We found serious structural issues after moving in when we informed landlord in writing she gave us a 30 vacate notice.

We were informed to do free estimates for repairs to house when estimates came in and we provided our issues in written form she went to police came to home with them for a inspection that was never scheduled and then sent us a 30-day vacate premises notice

Paula J. Mcgill
Paula J. Mcgill answered on Jan 13, 2020

There is a new Georgia law that protects tenants for being kicked out simply because they complain of a health and safety problem with the rental property.

The new law is OCGA 44-7-24

You may or may not fall under this new section

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