Home  Georgia Landlord/Tenant

Prohibited Practices/Illegal Lease Clauses

GA Leases That Automatically Renew-Are They Enforceable? (Commercial Leases)
Perhaps not!

See also Repairs

See also Discrimination/Fair Housing

Where To Go For More Help (Legal Advocates)

Discrimination/Fair Housing

*Questions Asked About Fair Housing (GA L/T Handbook 1998)

*Help Resources In Atlanta
Where to find help if you've been the victim of discrimination.
See also subtopic on "Legal Help".

http://tenant.net/otherareas/uscode/fair-hse.html
Learn what housing is covered, the types of discrimination that is prohibited and where to go for help.

Housing Exempt From The Fair Housing Act
Some housing can discriminate.  Find out which.

Discrimination In Advertising Related To Housing

What Is a Disability As Defined By The Fair Housing Act 

Filing A Lawsuit Under The Fair Housing Act

Requirements For New Buildings (Built After 19991)

Procedures & Penalties For Violations 

www.accessut.state.ut.us/advobook.htm
Guide to finding accessible housing for people with disabilities. 

Where To Go For More Help

For More See Prohibited Practices/Illegal Lease Clauses 

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Retaliation 

Georgia has no law to protect you from a landlord's retaliation.
This means that once your lease expires, the landlord can refuse to renew it or raise the rent for almost any reason-even sheer spite.

But Federal law may protect you if the decision was based on your race, color creed, national origin, marital or family status or age if over 40. For details see Discrimination/Fair Housing.

If the landlord is punishing you for exercising your legal rights, you may have to sue in court.  For help, call your landlord tenant hotline, or get media support through your local TV, newspaper or radio station.

Where To Go For More Help

For more help see Lawyers, Courts & Self Help

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Uninhabitable Premises/Constructive Eviction

Sometimes a landlord will create a nuisance or fail to make needed repairs. If such actions make the premises unlivable, the law may permit the tenant to immediately move out and sue for "constructive eviction." 

If the tenant wins, damages can be collected for back rent, damage to furniture and other expenses.

Note a tenant cannot normally sue for constructive eviction unless the problem caused them to move out before the end of their lease.

Some states even allow for a partial constructive eviction, such as when the landlord's negligence makes only part of your apartment unlivable.  For example.  Suppose your landlord did not repair the leaky ceiling and as a result of this you can no longer use your dining room.  Then at least as far as the use of your dining room goes, you have been constructively evicted.

Note: The rules for constructive eviction depend on case law and vary from state to state.

So be very careful about claiming constructive eviction without first seeking help from an attorney.

Help Resources

Georgia Landlord Tenant Law From A To Z With Georgia Case Law
See p. 36 or look on the left hand index for constructive eviction.

Georgia Housing Code Guide
Complaints and inspections relating to rental property, vacant lots health hazards and nuisances.  Lists housing code agencies in Metro Atlanta.

Help Resources In Atlanta
How to deal with housing code problems, health and safety and finding legal help.

Where To Go For More Help

For More Help, See Repairs and Lawyers, Courts & Self Help

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Form Letters (Samples)

*For Repairs (GA)

*For Return Of Your Security Deposit (GA)

*Tenant Defenses Against Eviction (GA)

Where To Go For More Help

The Forms Below Are Generic & Not State Specific

FOR TENANTS

Tenant's Notice To End The Tenancy

Notice To Landlord To Make Repairs (Lawsmart)

FOR LANDLORDS

Amendment Of Lease (Lawsmart.com)

Assignment Of Lease (Lawsmart.com)

Sample Residential Lease (Lawsmart.com)

Consent To Assignment Of Lease (Lawsmart.com)

Sample Tenant Notice Invoking Option To Renew Lease

Landlord Demand Letter Informing Tenant Of Breach Of Tenancy And What Tenant Must Do To Make Amends

Landlord Notice To Terminate The Tenancy (Lawsmart)

Lease Termination Agreement (Lawsmart)

Memorandum Of Lease (Lawsmart) 

Notice Of Rent Increase (Lawsmart.com) 

Residential Rental Application (Lawsmart.com)

Notice To Tenant To Make Repairs (Lawsmart.com)

Where To Go For More Help

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Mobile Homes

*GA Landlords Right To Evict After Getting A Court Judgment

*GA Landlord Tenant Statutes 
Technical stuff. Not for the squeamish.
Mobile Home defined in 44-7-82.

*Georgia Housing Code Guide
Complaints and inspections relating to rental property, vacant lots health hazards and nuisances.  Lists housing code agencies in Metro Atlanta.

Where To Go For More Help

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HUD/Public Housing

Public vs. Private Housing

Public housing differs from private housing in two important ways. In public housing, a family's rent is based on the family's income and size. In a private house or apartment, rent is set by the landlord. In addition to this, many of the rights and duties of public housing tenants are directed by federal law. In contrast, most rights and duties of private tenants are set by the landlord. In most cases, you actually have more rights in public housing than in private housing.

*Grievance Procedure for Public Housing Tenant (GA)

*Basics of Public Housing (Your Rights & Responsibilities) (GA)

Links To Local HUd Offices Throughout US

HUD Help
Federal laws and regulations protect you from discrimination, fraud, and unscrupulous practices in buying and renting a home. Know your rights.

http://tenant.net/Other_Areas/Public/butler.htm
Admission, rents and lease requirements, eviction and grievances procedures and help numbers.

State Housing Authorities (All 50 States, DC & US Territories)
State housing agencies may give money and advice directly to low- and moderate-income people to help with rent, utilities, repairs to remove health and safety hazards, accessibility for the handicapped, and becoming homeowners. They also may construct, own, and manage public housing, which usually includes providing social services for the residents.

Where To Go For More Help

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Right To Tenant's Property Left Behind 

Georgia Landlord Tenant Law From A To Z With Georgia Case Law
p.26 has case law on personal property left behind.

Where To Go For More Help

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Crime Prevention

Getting Your Landlord To Prevent Crime (General)

Contacting Your Neighbors (Consumer-SOS)
Use Internet phone books and reverse lookups to find out who your neighbors are and contact them. Good to organize a neighborhood watch, or simply have them turn down the noise.

Where To Go For More Help

See Nuisances, Noise & Neighbors

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