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Repairs & Maintenance

Getting The Landlord To Make Repairs (GA)
Tips, tactics and your legal rights.

Repair & Deduct (GA)

Demand Letter For Repairs (GA)

Help Resources In Atlanta (Consumer-SOS)
How to deal with housing code problems, discrimination, roommates, late rent and lack of money, finding an apartment, transportation, health & safety and more.

Georgia Cases On Duty To Repair.
Put case cites or key words into Google Scholar to find the most recent cases.
Then Click on the "How Cited" button to get even newer cases.

http://militarylegal.org/landlord_tenant_law
Security deposits, duty to repair (includes appliances), holding over, evictions (very good for the latter)

2010 Georgia Landlord-Tenant Handbook
No page #s for table of contents.

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

Housing Code Problems & Help#s (GA)

Landlord Tenant Help For Soldiers At Fort Benning
Frequently Asked Questions and Where to Go For Help.

Repairs and Maintenance (GA 1998 L/T Handbook)
FAQs on the following:
The landlord's duty to make repairs, Repair and deduct, Your rights to pest control and air conditioning, Your rights to change the locks or make minor alterations, Making use of the local housing and health codes, Your right to be compensated for personal property damaged by the landlord's failure to make repairs.

*Good GA FAQ's From Landlords (GA)
The limits on what a landlord can do regarding evictions, court proceedings and security deposits.  Has great stuff on minor repairs, how long it takes to go to trial, when the landlord can evict after winning a court judgment, whether the tenant can get a jury trial and how the landlord must serve eviction papers.

Getting Your Landlord To Make Minor Repairs (General)

Cleaning & Repairs A Landlord Can't Charge For (Not state Specific)

Tactics To Get Your Landlord To Make Repairs (Not State Specific)

Find Your City's Municipal Codes
Learn how your city code treats, garbage, nuisance and safety hazards. If you can't find your city, follow their links to other code sites that can help you.

Landlord Tenant Laws In 49 States & DC (Missing LA) 
If your apartment has been rendered unlivable by your landlord's breach of his obligations, see
Uninhabitable Premises/Constructive Eviction

Where To Go For More Help

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Security Deposits

Protecting Your Deposit (GA)
Advice on inspections, taking pictures and your legal rights if your deposit is unlawfully withheld.

When The Landlord Can Keep Your Deposit (GA)

2010 Georgia Landlord-Tenant Handbook
No page #s for table of contents.

1998 book had FAQs On:
Assessing the pre-occupancy condition of the rental unit; 
Other deposits the landlord may ask for; 
What the tenant and landlord must do at the end of the tenancy;
Valid and illegal deductions;
Challenging a bill your landlord sent to a collection agency;
The time in which your security deposit must be returned.

Landlord Tenant Help For Soldiers At Fort Benning
Georgia leases have a military clause. After you move into your rental, CHRRS will assist you if you have any kind of landlord/tenant problems.  If you receive PCS orders or TDY orders in excess of 90 days, you can break your lease with a copy of your PCS/TDY orders and a written 30-day notice.

Your Rights When The Landlord Manages 10 or More Units (GA)
Landlords who manage ten or more units are held to higher standards than other landlords.  To retain your security deposit, these landlords must follow each and every procedure set forth in Georgia law. 

Your Rights When The Landlord Manages Under Ten Units (GA)

*Collecting Your Deposit When You Leave But Your Roommate Remains (GA)

*Good FAQ's From GA Landlords 
The limits on what a landlord can do regarding evictions, court proceedings and security deposits.  Has great stuff on how long it takes to go to trial, when the landlord can evict after winning a court judgment, whether the tenant can get a jury trial and how the landlord must serve eviction papers.

*Demand Letter For Return Of Your Deposit (GA)

*GA Security Deposit Statute

*Rental Property Management & The Law (GA)
Frequently asked questions about matters such as
Application fees, apartment occupancy limits, smoke detectors, your right to appliances, the legal differences between a tenant, guest and border and more.

*Tenant's Rights (Short But Good Overview) (GA)
Brief overview on your rights as a tenant, guest or border; What you need to know before moving in; Repairs; Communicating with your landlord; What to do when you move out; and evictions.

What The Landlord Can & Cannot Charge You (Chart)
Items damaged by ordinary wear & tear vs. those damaged by the tenant's negligence.

http://militarylegal.org/landlord_tenant_law
Security deposits, duty to repair (includes appliances), holding over, evictions (very good for the latter)

Deadline For Returning Security Deposits (Chart For 50 States & DC)
Also has links to help orgs & law in many of the states. See their homepage for state guides on Landlord-tenant law.

Deadlines For LL To Itemize & Return Deposits  (Chart For 50  States & DC)

State Limits On The Amount You Must Deposit  (Chart For All 50 States & DC)
The limits on how much $ the landlord can demand upfront.

Landlord Tenant Laws In 49 States & DC (Missing LA)
May also have state specific brochures and pamphlets.

Security Deposit Statutes (In 48 States, Not in WV or WY)
Links to the actual statutes, state by state. (Lots of legalese). 

Where To Go For More Help

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Rent Issues

Can't Pay Your Rent, Mortgage or Utilities? (Consumer-SOS)
Step by step on what to do and where to go for assistance.

*Rent Payments (GA)
FAQs on rent increases, late charges, bounced check charges and the landlord's right to charge different rents for similar apartments.

Breaking My Lease-Can The Landlord Make Me Pay For The Whole Lease Term? (Consumer-SOS)
Only applies if your lease is silent on the matter. Otherwise the lease itself will control.

*Help Resources In Atlanta
Where to get help paying your rent. Also has info on housing code problems, discrimination, roommates, finding an apartment, transportation, health & safety and more.

*Help Resources (GA)
Legal Aids, mediation and Governor's Office Of Consumer Affairs.

*Rental Property Management & The Law (GA)
Frequently asked questions about matters such as
Application fees, apartment occupancy limits, smoke detectors, your right to appliances, the legal differences between a tenant, guest and border and more.

2010 Georgia Landlord-Tenant Handbook
No page #s for table of contents.

*Tenant's Rights (Short but good Overview) (GA)
Brief overview on your rights as a tenant, guest or border; What you need to know before moving in; Repairs; Communicating with your landlord; What to do when you move out; and evictions.

*Landlord Tenant Help For Soldiers At Fort Benning
Georgia leases have a military clause. After you move into your rental, CHRRS will assist you if you have any kind of landlord/tenant problems.  If you receive PCS orders or TDY orders in excess of 90 days, you can break your lease with a copy of your PCS/TDY orders and a written 30-day notice.

Rent Control Law (Georgia Forbids It)

Rent Due Dates, Late Rent, Rent Increases  (Not GA Specific)

For Those Without A Written Lease See Verbal Rental Agreements

Where To Go For More Help

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Evictions

http://militarylegal.org/landlord_tenant_law
Very Good For Evictions, Holding over, etc)

2010 Georgia Landlord-Tenant Handbook
No page #s for table of contents. But has latest on Evictions.

How Much Notice Must The Landlord Give Me To Move Out When I Had A Written or Verbal Lease For No Specific Time Period? (Consumer-SOS)

Evictions & Dispossessions (GA L/T Handbook)
Questions Frequently Asked By Both Landlords & Tenants.

GA Evictions Basics  (Consumer-SOS)
What the Landlord Must Do Before Evicting You, 
When Late payment of Rent Can Stop an Eviction,
How long You Have To Respond To A Dispossessory Warrant.

Evicting A Houseguest (Consumer-SOS)
What to do when your guest won't leave.

*Good FAQ's From Landlord's  (GA)
The limits on what a landlord can do regarding evictions, court proceedings and security deposits.  Has great stuff on how long it takes to go to trial, when the landlord can evict after winning a court judgment, whether the tenant can get a jury trial and how the landlord must serve eviction papers.

*Being Served With Eviction Papers (GA)
The difference between personal and post & mail service and how it affects your legal rights.

*Responding To An Eviction Notice (GA)
Strategies, time periods and what happens next. 

*Tenant Defenses Against Eviction (GA)
Your defenses and counterclaims that you can raise against your landlord when served with an eviction notice.

How Landlord's Acceptance Of Premises May Prevent Right To Collect Future Rent Due To Tenant Breach
Legal significance of changing locks after abandonment, the status of holdover tenants after a written lease has expired,  the right of the landlord to personal property and fixtures the tenant leaves behind,  landlord liability due to illegal evictions, forceable entry, etc.    

*Frequently Asked Questions Asked By Landlords & Tenants (Gwinnett Magistrate Court)
Evictions, dispossessions, subpoenas, filings, evidence, witnesses and other court related matters.

*Eviction Law (The GA Statutes)

*Mobile Homes-Landlord's Right To Evict You After Getting A Court Judgment (GA)

Soldiers' and Sailors' Relief Act:
If you're a reserve component service member called to active duty, you're protected by a law that can save you some legal problems and possibly some money as well. Under the provisions of the Soldiers' and Sailors' Civil Relief Act of 1940, you may qualify for any or all of the following: • Reduced interest rate on mortgage payments. • Reduced interest rate on credit card debt. • Protection from eviction if your rent is $1,200 or less. • Delay of all civil court actions, such as bankruptcy, foreclosure or divorce proceedings.

*Landlord Tenant Help For Soldiers At Fort Benning
Georgia leases have a military clause. After you move into your rental, CHRRS will assist you if you have any kind of landlord/tenant problems.  If you receive PCS orders or TDY orders in excess of 90 days, you can break your lease with a copy of your PCS/TDY orders and a written 30-day notice.

http://www.mrlandlord.com/html/frametop_frametop.html
Gives you links to the actual statutes, state by state. (very legalese)  

http://www.mrlandlord.com/html/frametop_frametop.html (In 48 States, Not HI or MI)
This site has select laws from each state on security deposits, evictions and landlord laws, but it's not consumer friendly. Their "landlord Laws sections may have stuff on notice to end tenancy and other stuff tenants should know.  

Where To Go For More Help

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Abandonment

Help! My tenant was late on rent, abandoned the property, and now wants her stuff back! I already changed the locks and want to sell her stuff or at least hold on to it until I get the rent. So what do I do now?

The answers below may not apply if your facts are different than those described. Same goes if you have a written lease agreement, or are a HUD or mobile home landlord. Different facts may result in a different application of the law. Underlined facts may have extra importance.　

When in doubt, consult an experienced Landlord/Tenant Attorney.

I (The legal Landlord) and the tenant had an unwritten lease agreement where she would pay rent every week/two weeks/ month (choose one) She moved in on x date and there was no set date for her to leave.

On__________, I entered the premises to find the electricity had been turned off and food was rotting in the refrigerator. (list any facts that show tenant had no intention of returning) The tenant's rent was already X weeks past due and she had not answered my phone calls, emails, knocks on the door, etc for x days. (briefly elaborate how you tried to contact her, and why you decided to enter the premises).

At this point I realized she had already abandoned the premises and had no intention of paying the rent. X days later I changed the locks.

On Y date the tenant called me to say she left x weeks ago and is only returning to pick up her belongings. She never mentioned paying the rent/said she couldn't/wouldn’t (briefly fill in what happened) She says she will pick up her property on _______. I told her yes/no you can’t/I didn’t say anything.

1. What rights does the former tenant have to the property she left behind? Is she now a trespasser or still a tenant?
    
2. How can I prove abandonment and that eviction was not required for me to change the locks and keep her from removing her belongings? Is there anything I can do here to legally protect myself? What if she calls the police to get her property back?
    
3. What rights do I have to keep/sell or dispose of the property so I can collect past due rent and expenses? Can I collect another month's rent for her failing to give me 30 days notice? What if she pays rent twice a month rather than once a month? Does she still need to give me 30 days notice?
    
4. Is there any Georgia Case Law on Point?

What rights does the former tenant have to the property she left behind? Is she now a trespasser or still a tenant?

If the property was clearly abandoned, then the former tenant is now a trespasser and cannot legally go on the property against your wishes, even if it’s to reclaim her own property. See Case Law on Abandonment & Notice To End Lease Agreement

However, you may be required to hold onto the property/obtain a court order to sell it/trash it.

Seek legal advice before selling or disposing of former tenant’s property. For free advice, often by non lawyers,
you can always call

Georgia Legal Service Landlord Tenant Helpline
(404) 463-1596 or (800) 369-4706
Leave a message after the recording and someone will call you back. Best to explain your problem in three or four sentences at most.

You may also be required to get the court to issue a writ of possession. Even if such is not required, it may be the prudent thing to do to protect yourself from a lawsuit.

A writ of possession authorizes the executing officer to remove a tenant's personal property and place it on some portion of the landlord's property or on other property that the landlord designates and the officer approves. The landlord owes no duty to the tenant regarding it. After the writ is executed, the property is regarded as abandoned.

If the tenant’s property is worth more than she owes you, she may be entitled to some of the proceeds if you decide to sell it. It may all depend on if the court or law determines the property was really abandoned. To protect yourself, itemize every bill and expense owed to you.

The following excerpt was taken from this link below

http://74.125.45.132/search?q=cache:k35SNPRYtXkJ:www.dca.state.ga.us/housing/HousingDevelopment/programs/downloads/FAQHANDB-PgNo.pdf+tenant+abandoned+georgia+ocga&hl=en&ct=clnk&cd=1&gl=us

When the tenant vacates the premises prior to the end of the lease term, it constitutes abandonment of the tenancy. A landlord must be cautious in declaring rental property abandoned and taking possession. If a landlord mistakenly declares property abandoned and removes the tenant's property, the landlord may be held liable for the property the tenant lost.

It is best for a landlord not to consider property abandoned while rent is paid.

Once rent is past due it is best for the landlord to file a dispossessory affidavit and obtain a court order for possession of the property. This will protect the landlord from liability. If the landlord does remove the tenant’s property without a court order, it is a good idea for the landlord to take pictures of the property disposed of in case the tenant raises a claim against the landlord. It is good practice for a landlord to have language in the lease which states that personal property left in the rental property after termination of the lease will be considered the landlord’s property.

How do I prove tenant abandonment and that eviction was not required for me to change the locks and keep her from removing her belongings? Is there anything I can do here to legally protect myself? What if she calls the police to get her property back?

To show abandonment, take date stamped photographs of rotting food, her furniture, the condition of the apartment, piled up mail or newspapers (or no mail because she forwarded elsewhere, etc.) If you don’t have a date stamp. Make sure that today’s newspaper (date clearly visible) is in at least some of the photographs. Take picture of carport to show her car is not there, etc.

Also use photos of her furniture to create a record of what’s there and not there, as well as to verify the furniture’s condition. The photos will be your alibi if she later claims you took or damaged something. Include any other evidence of abandonment, such as any letters, emails or voicemails indicating she won’t be back, etc. Develop photos fast and have them in your purse. Just in case she comes and the police are called.

See also Case Law on Abandonment & Notice To End Lease Agreement

Finish writing in the facts above and make sure you have the correct dates. You may need a copy of the facts to show a police officer or to attach to a court complaint. Be ready to obtain evidence of the dates and times you last communicated with the tenant, i.e. your cell phone records, emails, etc.

Call the Georgia Legal Service Landlord Tenant Helpline
(404) 463-1596 or (800) 369-4706
Leave a message after the recording and someone will call you back. Best to explain your problem in three or four sentences. Say your name and # before you leave your message.

Consider Warning the police in advance of the expected situation and also seeking their advice on what to do if she comes on the property. This shows you are acting proactively (the behavior of the innocent) and gives you tips on how to handle this so the police will support you. And if she comes by and is the first one to call the police, they will be ready for her.

Call their non-emergency line (see government pages in phone book, do not call 911) Get the name of the officer and his/her backup to call if she comes on the premises. At the very least, you don’t want the police to allow her to remove her stuff without at least tendering the rent money.

The Two Excerpts below are from From a GA Lawyer’s website at

http://georgiaeviction.com/

If The Tenant Has Abandoned The Property, Do I Need A Dispossessory Proceeding ?
If your tenant has actually abandoned your property, then a dispossessory proceeding may not be required to regain possession. However, this can become very tricky because to have ACTUALLY ABANDONED the property, there must be non-use by the tenant coupled with an intention to relinquish all rights in the property. Since it's impossible for landlords to know the intentions of their tenants, this is often an area where landlords get in trouble. Thus it's always safer to have a dispossessory proceeding if feasible.

My Tenant Has Abandoned The Property, But They Left All Their Stuff
If your tenant has actually abandoned your property, but has left all of their stuff inside, it's often tempting to just throw the items away. However, a landlord faced with this situation can never be certain that the tenant will not come back at a later date and demand that their property be returned to them. In cases like this, it's prudent to handle such property very carefully.

We usually recommend that the landlord take photographs of all of the property and create a detailed list of the property, carefully denoting each item's condition. After this is done, have somebody who would make a good witness oversee the removal of the property from the premises. While disposing of the property would seem to be the most efficient approach at this point, it may be better to store the property in a safe place and send a letter to the tenant letting them know that if the property is not redeemed by a specific date, it will be disposed of. Following these procedures should protect you from liability in situations like these.

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LEGAL CONCLUSIONS SUPPORTED BY THE FACTS IN  ERFANI v. BISHOP, 553 SE2d 326, 251 Ga. App. 20 (2001).

THIS CASE SUPPORTS THAT:

1. IN VERBAL LEASE AGREEMENTS, THE TENANT MUST GIVE AT LEAST 30 DAYS NOTICE OF INTENT TO 
    LEAVE. IF LESS NOTICE IS GIVEN, HE IS OBLIGATED TO PAY ANOTHER FULL MONTH'S RENT;

2. A TENANT CAN BE FOUND TO HAVE LEGALLY ABANDONED THE PREMISES BY LEAVING BEFORE THE        
    LEASE TERM ENDS. (I.E. BEFORE THE TIME HE WAS OBLIGATED TO PAY RENT FOR); (DISREGARD IF
    TENANT UP TO DATE WITH RENT AND OTHER BILLS);

3. WHEN THE TENANT ABANDONED THE PREMISES AND WAS LATE ON HIS BILLS OR RENT, THE LANDLORD
    WAS JUSTIFIED IN CHANGING THE LOCKS WITHOUT RESORTING TO FILING COURT PAPERS;

4. THE FORMER TENANT BY ENTERING AFTER THE LANDLORD CHANGED THE LOCKS, WAS NOW A
    TRESPASSER, WITH NO LEGAL RIGHT TO ENTER WITHOUT THE LANDLORD'S EXPRESS PERMISSION.
    TRESPASSER HAD NO RIGHT TO ENTER EVEN WHEN LANDLORD STILL HAD HIS POSSESSIONS.

ERFANI v. BISHOP, 553 SE2d 326, 251 Ga. App. 20 (2001)

Click on above case name for the specific facts of this case.

Where there is an oral agreement, the law treats the agreement as a tenancy at will, which requires the tenant to give a 30-day termination notice prior to vacating the premises. See OCGA 44-7-6; 44-7-7; Diner One v. Bank South, 219 Ga. App. 702, 703-704 (466 SE2d 234) (1995); Stepp v. Richman, 75 Ga. App. 169, 170 (42 SE2d 773) (1947). The end of a terminated rental term occurs on the last day of the required notice month and not on the first day of the next month. See generally Lamons v. Good Foods, 195 Ga. 475, 478 (24 SE2d 678) (1943); D. Jack Davis Corp. v. Karp, 175 Ga. App. 482, 484 (1) (333 SE2d 685) (1985); Jones v. Atlanta Housing Auth., 148 Ga. App. 605, 607 (2) (252 SE2d 19) (1979). The tenant can terminate a tenancy at will with a full month's notice; if less notice is given, then he is obligated to pay another full month's rent. Western Union Tel. Co. v. Fain & Parrott, 52 Ga. 19, 21-22 (1874). When the tenant vacates the premises prior to the end of the term, this constitutes an abandonment of the tenancy. See generally White v. Orton Indus., 224 Ga. App. 342, 343-344 (480 SE2d 620) (1997); Treisch v. Doster, 61 Ga. App. 292 (6 SE2d 128) (1939); Baldwin v. Lampkin, 14 Ga. App. 828, 832 (3) (82 SE 369) (1914). Where the tenant abandons the premises prior to the end of the lease term and the landlord changes the locks, this gives rise to the inference that the landlord accepted the surrender of the premises, although a mere surrender of the keys to the premises may not give rise to the inference of acceptance of surrender of the premises. See generally Jenkins v. Smith, 92 Ga. App. 296 (3) (88 SE2d 533) (1955); Kessler v. Slappey, 34 Ga. App. 614, 617 (130 SE 921) (1925). When a former tenant reenters the abandoned tenant-premises after the term has expired, such entry is not in the legal relationship as landlord-tenant, which ceased upon the expiration of the term. Lasseter v. Fenn, 66 Ga. App. 173, 175 (17 SE2d 303) (1941). Thus, Erfani's entry into the property of the defendant on May 1 was not as a tenant holding over, but as a trespasser, because he had abandoned the premises and the defendant had accepted the surrender by installing the locks to keep him and anyone else out without her express permission for entry.

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What Rights do I have To Keep/Sell the Property so I can collect past due Rent? Can I collect another month’s rent for her failing to give me 30 days notice? What if she pays rent twice a month rather than once a month? Must she still give me 30 days notice?

In an unwritten lease, the tenant must give 30 days notice to vacate or they're responsible for paying an additional month’s rent. The key is not whether the tenant paid bi-weekly or monthly. Where there is an oral agreement, the law treats the agreement as a tenancy at will, which always requires the tenant to give a 30-day termination notice prior to vacating the premises. ERFANI v. BISHOP, 553 SE2d 326, 251 Ga. App. 20 (2001).

A tenant paying every week would still have to give 30 days notice, not one week’s notice. See OCGA 44-7-6; 44-7-7

See Right To Sell Or Dispose of Property

See also  

How Landlord's Acceptance Of Premises May Prevent Right To Collect Future Rent Due To Tenant Breach
Legal significance of changing locks after abandonment, the status of holdover tenants after a written lease has expired,  the right of the landlord to personal property and fixtures the tenant leaves behind,  landlord liability due to illegal evictions, forceable entry, etc.           

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