Lawyers, Answer Questions  & Get Points Log In
Georgia Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Georgia on
Q: Can tenant withhold rent when utilities are cut off due to landlord's failure to pay?

in Mississippi

Michael D. Birchmore
Michael D. Birchmore answered on Jul 25, 2021

You are asking GA attorneys about a MS legal issue. You need to put the question in front of the MS attorneys. Resubmit the question and be sure you are sending everything to the correct attorneys.

1 Answer | Asked in Real Estate Law and Tax Law for Georgia on
Q: When did this situation start I bought property last year and as a buyer I didn't get anything like this.
Michael D. Birchmore
Michael D. Birchmore answered on Jul 21, 2021

Your question makes no sense. Try again and provide actual information regarding your situation.

1 Answer | Asked in Real Estate Law for Georgia on
Q: Can I be the power of attorney agent as well as the witness?
Michael D. Birchmore
Michael D. Birchmore answered on Jul 21, 2021

Your question does not provide enough factual information for us to provide a dependable answer.

That said, a person appointed to sign under a POA cannot be a witness because the person would then be witnessing their own signature.

1 Answer | Asked in Real Estate Law, Estate Planning and Probate for Georgia on
Q: How would I get my nephew out of my house? He has been living with my parents who recently died the house is in my name.

Living there on and off for a year and has mail come there.

Homer P Jordan IV
Homer P Jordan IV answered on Jul 20, 2021

If it’s legally your house then you can have him evicted. You will need to go the legal route to do so.

1 Answer | Asked in Real Estate Law and Collections for Georgia on
Q: How to clear up FIFA judgements against a rental property?

I hold title to a single-family rental property. The property has 4 relatively old FIFA judgements against it totaling up to about $12,000 (not including interest accrued since dates of judgements). The judgements were related to credit cards debt of another person (not my spouse) who owned the... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Jul 19, 2021

I understand your reluctance to proceed on your own. Accordingly, speak with local counsel who can help you decide on the right course of action for your situation.

1 Answer | Asked in Real Estate Law for Georgia on
Q: how can I get my cousin over property he want me to sign over to him that was my granddads he wants my signature.

my grand dad passed my cousins dad lived there after he passed then my uncle passed his dad the estate hasnt been settled he said he wants me to sign the land and 8 others the property to him since his dad paid the taxes he sent me a bill for clean up it was $2500 then said he would buy my share of... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Jul 2, 2021

Basically don't do anything you don't want to do. If he persists, tell him to have his attorney (even if he doesn't have one) to draw up whatever documents they would want you to sign. When you get the papers, (which I doubt will ever come to you), if you did get papers - do NOT... Read more »

1 Answer | Asked in Real Estate Law and Consumer Law for Georgia on
Q: RESUBMISSION: What do homeowners do when HOA covenants aren't enforced and even some Board members refuse to comply?

We have lived in our subdivision for 18 years, and it is an uphill battle to see that the covenants are enforced. Examples of non-enforcement include boats and trailers parked on the properties, vehicles parked in the yard, trash/recycling cans showing from the street, yards not kept up, overnight... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Jul 1, 2021

HOA issues are so common everywhere. Either the HOA is too overbearing or it isn't involved at all (like yours). At this point, trying to speak with somebody, or rallying the neighborhood just isn't going to work. IMHO you must now seek legal assistance. Accordingly, I urge you to... Read more »

1 Answer | Asked in Real Estate Law for Georgia on
Q: If my neighbor tree hangs over my roof who has to pay to remove it?
Michael D. Birchmore
Michael D. Birchmore answered on Jun 29, 2021

This issue can be a little bit sticky. Are there easements involved? How large is the limb? What type damage will occur if the limb falls to the ground? Rather than spending money hiring an attorney, you might approach the neighbor and arrange a mutually beneficial understanding that the two of... Read more »

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 for Georgia on
Q: Hey. I sold 1 acre 15 years ago in Ga. he has always uaed my driveway. Can I stop him using my D/W as he has one.
Michael D. Birchmore
Michael D. Birchmore answered on Jun 26, 2021

To know the answer to your question, a real estate attorney will first need to examine the deed/title records of the county. The answer will hinge on whether there is an easement granted to him. He may also have obtained the right to do this by prescription. None of this will make sense here,... Read more »

1 Answer | Asked in Real Estate Law for Georgia on
Q: Does the state of Georgia consider VRBO a business inside the residence? This is a violation of our covenants.

VRBO is not desired in our neighborhood. Before we vote on the matter, I felt we might need legal advice. Our covenants restrict businesses in the residence. We might need a lawyer to address our board members. I am the president of ROHA or Royal Oaks.

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

You may locate appropriate counsel through this website if you search by topic - HOA, Real estate, Covenants, Restrictions, etc.

1 Answer | Asked in Real Estate Law for Georgia on
Q: Can I terminate a lease due to no lead paint pamphlet or lead disclosure of any kind being given?

The house was built in early 1900s. None of the boxes in the lead based paint section of the lease are checked one way or the other, and there is no disclosure statement of any kind. My daughter who is in college signed the lease. Within the last month of her living in the house, the landlord has... Read more »

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

To assist us in helping, can you tell us why you even signed the lease if you knew it didn't have the disclosures you now reference?

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 Real Estate Law for Georgia on
Q: I have property, I am the Administrator. I have a neice & nephew no interest other than sell. I would like to divide

equally. There are 21 acres. Can I sell their portion and distribute funds and I keep the remaining?

This is in Ga

Michael D. Birchmore
Michael D. Birchmore answered on Jun 22, 2021

I will not try to answer your question as it appears that Probate issues exist. Can you please elaborate on your question so that the Probate attorneys will have a better understanding of your specific question. Is the land in a trust? Is it encumbered in any way? Is it part of an estate? How... Read more »

1 Answer | Asked in Real Estate Law for Georgia on
Q: Is it legal in Georgia for a house to be listed while occupied by a tenant without the tenant's permission?

The tenant does not have a lease and does not pay rent but has been living in the house for years with the owner's permission. It's their home for all intents and purposes.

Anthony M. Avery
Anthony M. Avery answered on Jun 11, 2021

That might be a champertous deed and thus void. The owner probably needs to file an action for Ejectment. The Tax Statutes might support the owner's title.

1 Answer | Asked in Real Estate Law for Georgia on
Q: Can a house be listed for sale and people come look at it while it is occupied in Georgia?
Michael D. Birchmore
Michael D. Birchmore answered on Jun 11, 2021

Actually, that is typically how it is done. The agent would notify the owner of a showing which gives the owner time to leave the house or not (houses show best without the owners).

1 Answer | Asked in Real Estate Law for Georgia on
Q: In Georgia, when can a builder turn over the HOA to the property owners? Is there a minimum number of homes sold?

The builder has closed on 5 houses of a projected 35 home development with another 5 or so in construction and having contracts. There’s over 20 lots that no development has occurred yet. I’m told they want to turn over the HOA now to owners. When asked about maintenance on a common area... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Jun 10, 2021

Okay, you are in a situation which cannot be adequately explained here. Anytime HOA's are involved, the key to everything lies in the written declarations and other documents which will be filed with the Clerk of Superior Court of the particular county of reference. You are going to want to... Read more »

1 Answer | Asked in Real Estate Law and Tax Law for Georgia on
Q: My dad passed had a living estate for land mom left to me in will how do I get deed now

Oldest sister or younger brother states in the will are executors can one of them do it

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

It may be as simple as that ---- or not. To be sure of what is needed, meet with a local probate attorney to make sure you get it done right.

1 Answer | Asked in Real Estate Law and Tax Law for Georgia on
Q: My mom died and left siblings property 28 years ago she gave my dad living estate rights till he died how do we get deed

Mom left will was probated dad living estate and he rented trailers to people on land olde sister or younger brother executors make decisions can my oldest sister just deed the property to siblings

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

It may be as simple as that ---- or not. To be sure of what is needed, meet with a local probate attorney to make sure you get it done right.

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.