Free Georgia Landlord/Tenant FAQs | Free Georgia Landlord/Tenant Legal Documents

A Tenant Of Mine Changed The Locks On The Unit Without My Permission And Will Not Give Me A Set Of Keys. The Locks Were Not Broken.

Tue, 29 May 2007 21:19:00 GMT

Unless the lease prohibits the tenant from changing the locks without permission, the tenant is permitted to do so. Unless the lease states that the tenant must give the landlord a key, the tenant is not obligated to do so. When the tenant vacates the premises, the tenant either has to turn over the new keys or restore the lock box to its original condition and return the appropriate keys. If the tenant neither turns over the keys nor restores the lock, the landlord may deduct the cost of replacing the lock from the security deposit and notify the tenant that this deduction will be made.

A Tenant Wants To Review The Rental File The Landlord Maintains On The Unit. Is The Landlord Required To Allow A Tenant To Review The File?

Mon, 04 Jun 2007 21:51:22 GMT

No, those files are the sole property of the landlord or management company, and the tenant has no legal right to demand access to these files. However, if the file is used by the landlord against a tenant in court, the tenant can access this information through court procedures.

Are Landlords Required To Provide Appliances Such As Refrigerators Or Stoves For Use In Their Units?

Mon, 04 Jun 2007 21:51:22 GMT

There is no state law requiring landlords to furnish appliances such as refrigerators or stoves. You should check your lease to see if such appliances are part of your lease agreement. It is important to inspect the unit prior to signing a lease to see what appliances are included and to see if they function.

Aren't All Leases Standard? What Difference Does It Make Whether The Tenant Reads The Lease Before Signing It?

Tue, 29 May 2007 21:19:00 GMT

Although many leases are similar, there is no such thing as a standard lease provided or approved by any public agency or court. Lease agreements differ from landlord to landlord. Therefore, it is very important to read the lease carefully before signing it. The lease is a legal document which defines the relationship between the landlord and the tenant. Both the landlord and the tenant will be held to the language of the lease. If there are provisions in the lease which you do not understand, get help. Ask someone you trust to explain what the language means. Be careful of lease terms which provide for the following:

Automatic renewal of the lease for a specified time;
An extremely long lease term with penalties for early termination;
Automatic rent increases during the lease term;
References to rules which are not provided to you;
Any attempt by the landlord to make you responsible for repairs;
Leases which provide that the tenant pays the landlord directly for utilities rather than being billed by the utility provider;
Provisions which require the tenant to pay the landlord`s attorney fees if a landlord hires an attorney to enforce the lease, unless the provision also makes the landlord responsible for the tenant`s attorney`s fees;
Lease terms which claim that the landlord can evict you without going through the dispossessory process; and
Lease terms requiring the tenant to have renter`s insurance.

Before a lease is signed, a tenant may request changes to the lease. Some landlords will agree to the changes. Others will not. Even if the landlord will not alter a lease, the tenant needs to read it to decide whether or not to sign. If signed, both the landlord and tenant will be required to comply with the lease.

As A Landlord What Can I Deduct From A Tenant's Security Deposit?

Tue, 29 May 2007 21:19:00 GMT

All or part of the security deposit may be retained by the landlord to compensate for physical damage caused to the premises by the tenant or members of the tenant`s household, pets or guests. A landlord cannot retain a security deposit to cover normal wear and tear. A landlord can also deduct from the security deposit unpaid rent, late charges, unpaid utilities which the tenant is responsible for under the terms of the lease or for actual damages caused by the tenant`s breach of the lease or rental agreement.

Can A Landlord Charge Different Rents For The Same Type Of Unit?

Tue, 29 May 2007 21:19:00 GMT

A landlord can charge different rates for identical apartment units if both the landlord and the tenant agree to the rental rate. However, the landlord cannot base the difference in rent on the tenant`s race, color, religion, sex, national origin, disability or family status. Also, a landlord may not advertise rates at a certain rent level only to rent them at a higher rate.

Does A Tenant Have Any Rights When There Is Not A Written Lease?

Tue, 29 May 2007 21:19:00 GMT

A tenant who occupies rental property with the landlord`s consent and makes rent payments without a written lease is called a tenantatwill. Georgia landlordtenant law, including eviction laws and security deposits laws, still applies. A tenantatwill has the right to occupy and use the rented premises subject to any restrictions upon which the landlord and the tenant have agreed. Because there is not a written lease, Georgia law regulates the type of notice which a tenantatwill and the landlord of the tenantatwill must give to terminate or change the original rental agreement. A tenant must give thirty (30) days notice to the landlord to terminate or change the original agreement. A landlord who has a tenantatwill must give sixty (60) days notice to the tenant before seeking to terminate the agreement or change any term of the original agreement. This means the landlord must give a tenantatwill sixty (60) days notice before imposing a rent increase. To protect your legal rights any and all notices should be in writing. When a tenantatwill fails to pay rent the landlord is not required to give the sixty days notice before terminating the tenancy. If the tenantatwill fails to pay rent, the landlord can demand possession and immediately file a dispossessory warrant seeking possession in court.

How Often Can A Private Landlord Raise The Rent In A Year? Is There A Limit On How Much Rent Can Be Raised Each Time An Increase Is Put Into Effect?

Tue, 29 May 2007 21:19:00 GMT

The answers to these questions will be found in your lease. If there is a lease, rent can only be increased as allowed under the terms of the lease. The lease determines whether or not and how often the landlord can raise the rent. If the tenant does not have a lease, the landlord must give a sixty (60) day notice of any rent increase. Such increase may occur as frequently as the landlord desires as long as the sixty (60) day notice is given. The best protection against rent increases is a long term lease that prohibits or restricts rent increases during its term. When a lease expires, the landlord can offer a new lease at an increased rent without prior notice.

I Am A Landlord Who Rents Two Homes. I Do Not Employ A Management Agent. My Tenants Moved Out, How Do I Return The Security Deposit?

Mon, 04 Jun 2007 21:51:22 GMT

The security deposit and any statement which accompanies it shall be sent to the last known address of the tenant. If it is returned as undeliverable and the landlord is unable to locate the tenant after a reasonable effort, the security deposit becomes the property of the landlord ninety (90) days after it was mailed.

I Am A Tenant Who Is In Active Military Service And Live In Off-Base Rental Housing. My Lease Is For One Year And Is Renewable.

Tue, 29 May 2007 21:19:00 GMT

If a tenant is on active military duty and receives either permanent change of station orders or temporary duty orders in excess of three months, the tenant is liable for no more than thirty (30) days rent after the date he provides written notice and proof of assignment to the landlord. The tenant will still be liable for any damages above ordinary wear and tear. The landlord must still abide by the laws related to security deposits and move out inspections.

I Disagree With The Court's Judgment That I Owe My Landlord Money And That I Have To Move. What Can I Do?

Tue, 29 May 2007 21:19:00 GMT

After July 1, 1998, you have seven (7) days to file an appeal from the trial court. If the landlord requests, the court may order the tenant to pay into court the rent the trial court found the tenant owed, as well as future rent which comes due while the appeal is pending. If the tenant fails to pay, the court will order that the tenant to be removed from the property. Prior to July 1, 1998, a tenant has ten (10) days to appeal.

I Do Not Have A Written Lease Agreement But I Am Renting An Apartment Month-To-Month. The Landlord Is Refusing To Make Repairs.

Tue, 29 May 2007 21:19:00 GMT

Yes, regardless of whether or not you have a written lease, your landlord is obligated under state law to make repairs. A tenantatwill has the right to use repair and deduct but should keep in mind that their lease can be terminated with sixty (60) days notice. A tenantatwill would not be wise to spend on repairs more than he can deduct in sixty (60) days.

I Do Not Have The Money To Pay My Rent. My Landlord Says My Furniture Will Be Placed On The Street If I Don't Pay The Rent. Can My Landlord Enter The Residence And Remove My Furniture?

Thu, 27 Mar 2008 00:00:09 GMT

No, the landlord cannot personally put your possessions on the street without a court order. A dispossessory proceeding can be initiated by the landlord which could result in your being evicted. A sheriff, marshall, or constable may then remove your property from the premises if a court has ordered that they may do so.

I Have A One Year Lease Which Prohibits Pets. I Am Six Months Into My Lease. For The Past Three Months, I Have Kept A Dog In My Home.

Mon, 04 Jun 2007 21:51:22 GMT

Yes, the fact that your landlord chose to allow you to have a dog and not enforce the lease term prohibiting pets does not mean that the landlord can never enforce the lease term. To enforce the suspended lease term the landlord needs to give notice that he wants you to comply with the lease term. If you do not comply, your landlord can terminate your lease and file a dispossessory affidavit.

I Have Been Served With A Dispossessory Warrant. It States That I Can File An Answer. What Is An Answer?

Tue, 29 May 2007 21:19:00 GMT

An answer is your response to your landlord`s dispossessory warrant. It can be written or you can tell your response to the court clerk and have it written for you. The answer is your opportunity to state why you do not feel your landlord is legally entitled to have you evicted. If your landlord is seeking to evict you alleging that you violated your lease, your answer should state why you believe that you did not violate the lease. If an answer is filed, the court will schedule a hearing in which the tenant and landlord can each present their case. Anyone who knowingly and willingly makes a false statement in an answer could be found guilty of a misdemeanor.

I Have Decided To Remodel My Apartments And Rent The Units To A Higher Income Market. How Much Notice To Vacate Must I Give The Landlord?

Tue, 29 May 2007 21:19:00 GMT

The length of the termination notice depends on whether or not you have a lease with the tenants. If you do have a lease, its provisions for termination would apply. For example, a thirty (30) day notice to vacate would be appropriate only if the lease specifically provided for a thirty (30) day termination notice. If there is not a termination provision in the lease you must wait until the lease expires. If there is no lease, the landlord must give the tenantatwill a sixty (60) day termination notice.

I Have Received Notice That My Landlord Is Not Going To Renew My Lease. According To The Terms Of The Lease, The Landlord Must Provide Written Notice.

Tue, 29 May 2007 21:19:00 GMT

When a lease requires the giving of a written notice, the notice is effective upon its receipt. Thus, in this case, the thirty day notice starts to run from the 10th of the month. A private landlord is not required to give a reason for refusing to renew a lease unless the lease so requires. A private landlord merely has to give the tenant notice of nonrenewal as required under the lease. If there is no written lease, the landlord has to give the tenant sixty (60) days notice to terminate the tenancy.

I Made An Application To Move Into An Apartment And Gave The Manager $100 As A Deposit To Hold The Apartment. I Have Decided That I Do Not Want The Apartment. What About The Deposit?

Tue, 29 May 2007 21:19:00 GMT

No, the landlord does not have to refund this deposit unless otherwise agreed upon by you and the landlord. The purpose of this deposit was to have the landlord take the property off the market while you decided whether or not to rent it. For this reason, it is usually not refundable. It is important any time you pay money to a landlord to get a written statement of the amount paid and under what circumstances it will be refunded to you.

I Notified My Landlord That I Would Be Terminating The Lease Early. According To The Lease, I Must Pay The Equivalent Of One Months Rent. Is This Proper?

Tue, 29 May 2007 21:19:00 GMT

Where the lease identifies an amount that must be paid if the lease is terminated before it expires, a tenant can be charged that amount. If the parties to a contract, such as a lease, agree what the damages for early termination shall be, the damages are said to be liquidated. Both parties are bound by the liquidated damage provision in the lease. Thus, the tenant would probably be required to pay the early termination fee. If the early termination penalty is unreasonable, the tenant should consider contacting an attorney.

I Own A Six Unit Residential Apartment Building Which I Rent. There Is A Parking Lot With Designated Parking Places. What Can I Do About Unauthorized Parking?

Tue, 29 May 2007 21:19:00 GMT

If you own the parking lot and have posted notice, you can have the unauthorized cars removed. The notice must be visible and state that unauthorized vehicles may be removed at the cost of the owner and where the towed vehicle can be recovered. You must use a towing and storage firm with a Public Service Commission permit and licensed by your local government. The towing and storage firm must also have a secured impoundment lot.

I Own Rental Property. I Have Been Notified That The County Government Has Declared My Property Unfit For Occupancy.

Tue, 29 May 2007 21:19:00 GMT

Georgia law gives county and city governments the authority to order repairs, close or demolish structures which are unfit for human habitation and dangerous or detrimental to health and safety. The county or city government may exercise this authority by establishing local ordinances. You should contact the county government for a copy of their housing code. Georgia law recognizes the following conditions as threatening health and safety:

Defects which increase the hazard of fire, accidents, or other calamities.
Lack of adequate ventilation, light or sanitary facilities.
Dilapidation, disrepair and structural defects.
Uncleanliness.

When a county or city has enacted a housing code, it can also establish ordinances outlining how the code is enforced. Georgia law requires that the owner receive notice of the housing code violation and an opportunity for hearing. If violations are found, the owner can be ordered to repair, vacate, close or demolish the property. If the owner fails to comply with the order to remedy the code violations, the local government may condemn the property declaring it unfit for human habitation and prohibiting its use as a residence. A tenant living in condemned property would likely be justified in treating their lease as in default and moving from the premises. The tenant should keep proof of the property`s condemnation and write to the landlord declaring the lease in default, prior to moving.

I Own Six (6) Houses Which I Rent. It Seems Someone Is Calling All The Time About Repairs. I Want To Continue To Rent The Properties?

Tue, 29 May 2007 21:19:00 GMT

A licensed real estate agent with experience in rental property management would have the experience and training considered most desirable to help you. Under Georgia law, any person who manages property must have a Georgia real estate license unless that person is the owner of the property; a fulltime employee of the owner; or, if the owner is a limited partnership, the general partner of that limited partnership. While property management tasks may be delegated to licensees or employees affiliated with a broker, it is the real estate broker who would be officially designated as the owner`s agent. Property management generally includes leasing, collecting rent, keeping records, making repairs, and carrying out preventive maintenance.

I Paid The Rent On The 5th Of The Month. The Manager Charged Me A $15.00 Late Fee. Is There A Grace Period Under Georgia Law?

Fri, 04 Apr 2008 21:41:09 GMT

The date the rent is due should be stated in your lease or agreed upon by the landlord and tenant. There is no law which specifies any grace period or designates a rent due date. Rather, a grace period is a matter of agreement between the landlord and tenant. It allows the tenant extra time in which to pay the rent without breaching the lease or rental agreement. The landlord and tenant may agree to any grace period they choose or they can agree not to have a grace period. In addition, a grace period may be created based on the landlord`s conduct of accepting late rent over the course of several months without charging a penalty. If a tenant fails to pay the rent by the required date, including the time allowed for a grace period, the landlord may charge a late fee if the late fee is provided for in the lease. If the lease does not allow for a late fee, the landlord is not allowed to impose such a fee. The amount of the late fee will be the amount agreed upon by the landlord and tenant in the lease itself.

I Recently Inherited Property Which I Do Not Want To Sell At This Time. If I Decide To Rent The Property, What Will My Responsibilities?

Mon, 04 Jun 2007 21:51:22 GMT

If you decide to rent the property, you will be responsible for keeping the unit in safe and habitable condition, making repairs, selecting tenants and collecting rent from tenants. Once a property is leased, the tenant has a right to use, occupy and enjoy the premises in accordance with the lease or rental agreement. A written lease which clearly sets out the duties of both the landlord and the tenant provides the best protection for both parties. Your actions as a landlord are controlled by the terms of the lease and applicable federal, state and local law. There are a variety of books available at book stores and libraries which describe in general terms the advantages and disadvantages of becoming a landlord. You might also wish to consult with an attorney or real estate agent, experienced in managing rental property, for help in drawing up a lease and understanding a landlord`s rights and responsibilities.

I Rent A Room In A House. What Are My Rights?

Tue, 29 May 2007 21:19:00 GMT

Your legal rights depend on whether you are a tenant, guest or boarder. A tenant is one who pays rent for the exclusive right to use the premises, usually for a defined period. A boarder or guest is one who pays a fee for the right to use a room and receive services, generally for a short period of time.

To determine if you are a tenant or boarder the court will look at:

whether there is a written agreement and if it refers to itself as a lease and to payments as rent;
the length of time you have lived at the residence;
whether the room is the only residence you have;
whether you are residing there temporarily;
how often you pay rent; daily or monthly;
whether services such as linen service, switchboard service and maid service are provided;
whether you own the furnishings in the room;
whether the amount you pay includes tax; and
whether the person you pay has a business license.

If you are not a tenant but are a guest or boarder, you have limited protection under the law. If the hotel owner or boarding house owners wants a resident to move he need only give notice equal to the time for which the occupancy is paid. For example: if payment is made weekly, one weeks notice to vacate is all that would be required. However, if payment is past due no notice is required.

I Rented A House With Land, The Land Is Fenced. The Fence Was Damaged. Does The Landlord Have To Repair?

Tue, 29 May 2007 21:19:00 GMT

Yes, if the property rented includes the land on which the fence was located, the landlord is responsible for keeping it in good repair.

I Spoke To My Landlord Over A Month Ago About Repairing A Leak In The Kitchen, But It Still Has Not Been Done. What Can A Tenant Do?

Tue, 29 May 2007 21:19:00 GMT

First, you must notify the landlord of the condition needing repair. It is best to give a written, dated notice informing the landlord of the problem and keep a copy for yourself. Written notice provides tangible evidence that the landlord was aware of the need for the repair. If it is not possible to give written notice, verbal notice is acceptable unless the lease requires written notice. Be sure the lease provision for notice is followed. If your landlord fails to make the requested repairs within a reasonable time after written notice, you may want to consider using repair and deduct. In determining what is a reasonable time consider the seriousness of the condition and the nature of the repair.

When the landlord fails to respond to repair requests, the tenant can arrange to have the required repairs done by a competent repair person at a reasonable cost. The tenant should keep copies of all repair receipts and ask the repair person for a statement detailing the work performed and the problem corrected. Keep copies of this information. You may deduct these repair costs from your future rent by sending copies of the repair receipts along with the remaining amount of rent due to your landlord. It is a good idea to notify the landlord in writing that you plan to use the repair and deduct remedy before you arrange for the repairs to be done. Written notice is the best notice. There are additional remedies which are risky to pursue without legal counsel. If you do not feel that repair and deduct will address your issue, you should consider contacting an attorney for more detailed information. You may also wish to contact the local county code inspector if you are in a city, town or county with a housing, building, or health and safety code. A landlord must comply with applicable local housing codes. If you are unaware whether or not your area has such codes, call the city hall or county courthouse and ask for the building inspector or the code enforcement office.

I Terminated My Tenant's Lease Effective The 15th Of October. It Is Now November 1st, The Tenant Has Not Moved And I Filed A Dispossessory Warrant. Now The Tenant Wants To Pay The Rent, Can I Accept It?

Wed, 26 Mar 2008 23:58:44 GMT

No, if you accept rent now, after the existing tenancy has terminated but before filing a dispossessory warrant, you will create a new tenancy which would need to be terminated before you file a dispossessory affidavit. The new tenancy created would be a tenancyatwill and would require sixty (60) days notice to terminate. If you had already filed a dispossessory affidavit, you could accept payment of rent as it came due. This does not apply where a landlord seeks to evict for nonpayment of rent.

If An Individual Pays A Security Deposit On An Apartment And The Application Is Rejected, How Long Does The Person Receiving The Deposit Have To Return It?

Tue, 29 May 2007 21:19:00 GMT

If the amount paid was for a security deposit, Georgia law requires it to be returned thirty (30) days from the date the tenant vacates. Thus, the landlord may have a duty to return the security deposit within thirty (30) days after an application is rejected. If the amount paid was a holding deposit or fee, it would be refundable under the terms which the tenant and landlord discussed at the time of payment. The Georgia landlord tenant law does not directly address reimbursement of such deposits. It is possible that the holding deposit would not be refundable. The answer would depend on the agreement between you and the landlord at the time of payment. Always get a receipt for any deposit or fee that you pay. If the fee is refundable, ask the landlord to put this information on the receipt.

Is A Landlord Required To Give The Tenant The Interest Earned On The Security Deposit?

Tue, 29 May 2007 21:19:00 GMT

No. Georgia law does not require the landlord to place the security deposit in an interest bearing account nor does the law require that any interest that is earned be paid to the tenant. However, the tenant and landlord may agree that the landlord will provide interest earned on the security deposit and, if agreed upon, this should be reflected in the lease.

Is My Landlord Allowed To Enter The Apartment Without Notifying Me First?

Tue, 29 May 2007 21:19:00 GMT

A lease gives the tenant a right to the exclusive use of the lease premises. Unless the lease otherwise allows, the landlord can only enter the property, if such entry is necessary to cure a dangerous condition, prevent destruction or respond to a bona fide emergency on the premises. There is no legal requirement that a landlord notify a tenant prior to making entry under the above circumstances. You should check your lease to see if there are any provisions related to the landlord`s right to show the apartment. If the lease does not state that the landlord can enter the apartment, a tenant could legally refuse the landlord access. However, it is best for the landlord and tenant to discuss the matter and reach a mutually acceptable accommodation. Notification requirements and entry provisions should be included in each lease. A reasonable accommodation might be for the landlord to provide advance notice, such as twentyfour (24) hours before entering the apartment.

Is My Landlord Required To Provide Me With A Smoke Detector?

Mon, 04 Jun 2007 21:51:22 GMT

Only if the county or city in which you live has a building or housing code that requires that every dwelling built after July 1, 1987 have a smoke detector. Not all counties and cities have building codes. To find out if your local code requires smoke detectors contact your fire marshal, local government or code enforcement.

Is Pest Control Part Of The Maintenance Responsibilities Of The Landlord?

Tue, 29 May 2007 21:19:00 GMT

No, unless your rental agreement provides that the landlord will supply pest control services. The lease should be read to see if pest control is specified as the responsibility of the landlord. If it is not in the lease, pest control may not be required of the landlord unless local housing or health codes require this. If the pest problem in the apartment is severe, the landlord may be required to address the problem because the property`s condition violates local health and safety ordinances.

Is There A Limit On The Number Of Persons Who Can Reside In A One Bedroom Apartment?

Tue, 29 May 2007 21:19:00 GMT

Georgia law does not regulate the number of persons who can reside in a housing unit. However, county or city ordinances would apply and may impose such limits.

Is There A Seventy-Two (72) Hour Period After Signing My Lease During Which I Can Change My Mind And Get Out Of The Lease?

Tue, 29 May 2007 21:19:00 GMT

No, there is not a cooling off period allowed in Georgia landlord tenant law which would enable you to change your mind after signing a lease. If you decide not to move into the unit after signing the lease the landlord may impose early termination penalties against you. You should read your lease carefully and thoroughly inspect the unit before signing the lease.

Must I Inform Prospective Tenants That My Rental Property Contains Lead-Based Paint?

Tue, 29 May 2007 21:19:00 GMT

Yes, federal law requires that most property owners who rent residential property built before 1978 disclose all known leadbased paint and leadbased paint hazards in the home and make available reports on lead present in the home. The lease should reflect that such notice was given and contain a warning of the danger posed by lead paint and lead paint hazards. The landlord should keep copies of such leases for three years to prove compliance with federal law. Landlords must provide each new tenant and each renewing tenant a copy of the EPA pamphlet Protect Your Family From Lead in Your Home. Landlords seeking more information or copies of the pamphlet can call the National Lead Information Clearinghouse at 800424LEAD.

My Apartment Owner Failed To Make Mortgage Payments And The Property Has Been Foreclosed, What Will Happen?

Tue, 29 May 2007 21:19:00 GMT

A tenant who remains on rental property after the owner, who is his landlord, has been foreclosed upon becomes a tenant at sufferance. The lease between the tenant and the original owner/landlord is terminable by the purchaser. If the purchaser wants the tenants to vacate, he must first demand possession of the property and, if refused, file a dispossessory warrant. The purchaser can choose to become a landlord, either by offering a new lease or accepting payment under the prior agreement. A purchaser at foreclosure who accepts rent from existing tenants has entered into a tenancyatwill which can be terminated with sixty (60) days notice and which the tenant can terminate with thirty (30) days notice. A tenant residing in a foreclosed upon property should attempt to contact the new owner or the attorney handling the foreclosure to ascertain if their tenancy will continue. If a tenant does not receive assurances of continued tenancy from the foreclosure attorney or the purchaser, the tenant may argue that the lease was terminated by the foreclosure.

My Former Landlord Sent Me A Letter Saying That I Owed $500. I Wrote The Landlord Stating That I Disagreed With This Statement.

Tue, 29 May 2007 21:19:00 GMT

If the landlord has turned the debt over to a collection agency you can write to the landlord disputing the debt and write to the credit bureau disputing the debt, informing them that the information given them by the landlord is incorrect. It may be helpful to send the credit agency a copy of any inspection lists or other letters that you wrote to your landlord concerning this debt. Under the Fair Credit Reporting Act, a person may have incorrect or incomplete information corrected without charge. If a tenant disputes information in their credit report, the credit bureau must reinvestigate it within a reasonable period of time unless it believes that the dispute is irrelevant or frivolous. If after reinvestigation a disputed item is found to be inaccurate or can no longer be verified, the credit bureau must delete it. If the reinvestigation does not resolve the dispute the tenant may file a statement of up to one hundred (100) words with the credit bureau. This statement becomes part of the credit report unless the credit bureau has reasonable grounds to believe it is frivolous or irrelevant.

My Friend Was Visiting And Accidentally Burned A Hole In The Carpet With A Cigarette. The Landlord Says I Am Responsible For The Damage.

Tue, 29 May 2007 21:19:00 GMT

The tenant is responsible for damages to the premises caused by the tenant and the tenant`s household members, guests and visitors. The landlord can either deduct the charges from your security deposit when you move out or can present you with a bill at the time the repairs are made. To determine the reasonableness of the charges, you could talk with reliable sources in the repair business and get estimates from them to compare to the amount charged by the landlord.

My Landlord Gave Me Notice That His Records Show That I Did Not Pay Rent For July; It Is Now October. I Paid Rent For August, September And October.

Tue, 29 May 2007 21:19:00 GMT

If you can find proof that you paid July`s rent (cancelled check or money order receipt), you should provide copies to your landlord, along with a letter explaining your position. If your landlord remains convinced that you did not pay July`s rent, he may be able to sue you to collect the money but cannot seek to evict you because of nonpayment. Your landlord`s acceptance of rent in August, September and October prevents your landlord from seeking to evict you for a failure to pay July rent. Your landlord can sue you in magistrate court to collect the amount of July`s rent but he cannot sue to make you move through the dispossessory process.

My Landlord Refused To Repair A Hole In My Ceiling And My Personal Property Was Damaged. Can My Landlord Be Held Responsible?

Tue, 29 May 2007 21:19:00 GMT

If you promptly reported the repair, took action to protect your property and your landlord failed to respond, you may have a claim for the loss of your personal property. You should read your lease carefully to see what it provides. Prior to filing suit, you should write to your landlord explaining the situation and requesting reimbursement.

My Landlord Removed All My Possessions And Changed The Locks On The Apartment. He Did Not Give Me Any Warning.

Tue, 29 May 2007 21:19:00 GMT

Self help evictions, including changing the locks, are illegal under Georgia Landlord Tenant law. You may take action against the landlord for any damages you suffer due to his wrongful conduct. It is best that this type of action be pursued with the assistance of a legal representative. If you can not obtain an attorney, you can file a claim in the magistrate court of the county where the landlord is located.

My Landlord Will Not Repair A Broken Parking Lot Light. I Am Concerned About My Safety. What Can I Do To Force The Landlord To Make Repairs?

Mon, 04 Jun 2007 21:51:22 GMT

Your landlord is obligated to keep the premises in repair under Georgia law. You need to give written notice of the problem to both the local property manager and the owner pointing out that you are worried about your safety because of the defect. If a landlord has knowledge of unsafe conditions and does not repair, the landlord may be liable if someone is injured as a result of the danger. You should state how you want the landlord to remedy the situation. You should keep a copy of this letter for your own records. Beyond notifying your landlord, your options are limited. Repair and deduct would not be an appropriate remedy since you cannot authorize repairs on the common areas of the apartment. If you are living in a locality with a housing code, one option would be to complain to the building inspector or code enforcement officials at your city hall or county courthouse.

My Lease Agreement Says That The Tenant Is Responsible For All Repairs. Does The Landlord Not Have A Responsibility For Repairs?

Tue, 29 May 2007 21:19:00 GMT

The landlord has a responsibility to keep the rental property in repair. The lease should not require the tenant to make repairs or waive the landlord`s responsibility for maintaining the property. Any lease provision which makes the tenant responsible for repairs is challengeable under Georgia law. The landlord is responsible for keeping the building structure, roof, heating and plumbing operational. A landlord is further responsible for meeting all local ordinances and minimum safety standards. This duty to repair does not include damages caused by the tenant, the tenant`s household members, guests, or visitors. Before a landlord can be required to make a repair he must be given notice of the defect. The tenant should give the landlord written dated notice of the problem needing repair. The tenant should keep a copy as a record of notification.

My Lease Expired Two Months Ago, The Landlord Allowed Me To Continue At The Same Rent Without Signing A New Lease. Now, The Landlord Wants Me To Sign A New Lease.

Mon, 04 Jun 2007 21:51:22 GMT

Since the landlord accepted rent after the original lease expired, a tenancyatwill was created. The tenant continues to occupy the unit under the same terms and conditions as in the expired lease. However, with a tenantatwill, the landlord must give a sixty (60) day notice prior to any change in the tenancy, including increasing rent, an offer of a new lease, or termination of the rental arrangement. The landlord is not required to give this notice in writing unless the lease so provides. It is better practice however to provide written notice since the document offers some tangible evidence that notice was given. Likewise, the tenant must provide a thirty (30) day notice to the landlord if the tenant wants to terminate the tenancy. In this case, the landlord should have given the tenant sixty days to sign the new lease.

My Lease Is Not Up For Another Six Months. I Am Being Transferred By My Company. What Can I Do To Terminate The Lease?

Tue, 29 May 2007 21:19:00 GMT

The answer to this question will be found in your lease. First, read the lease carefully. Your ability to get out of the lease depends on the language of your lease and the willingness of the landlord to allow you to terminate the lease early. There may be a provision which allows for termination prior to the lease term`s expiration. If so, you will need to follow the terms of that lease provision. For example, you may be required to give thirty (30) days notice and to forfeit your security deposit. Some leases impose additional penalties for early termination and require longer notice periods. You are responsible for paying rent during the notice period. Your lease is not terminated until the notice period expires. If there is not an early termination provision in your lease, a tenant can be held responsible for all the rent remaining under the lease. The landlord is required to mitigate any damages by rerenting the premises. If the landlord does rerent the property, any rent collected must be deducted from the original tenant`s liability. For example, if a tenant terminates a twelve month lease after six months, the tenant can be held responsible for the six months rent remaining under the lease. If the landlord rents the unit to someone else after four months, the tenant is only responsible for the four months rent while the unit was vacant. However, if your lease had an early termination penalty provision, you would have to pay the designated penalty even if the unit was immediately rerented or if it was vacant for six months. Some landlords may release you from the lease if you find an acceptable person to assume the lease. Some landlords will allow you to rent to another, called subletting. The landlord may refuse to allow you to do this. If your landlord agrees to allow you to terminate early, be sure to get in writing any agreement as to penalties or future rent owed.

My Lease Specifically Requires The Landlord To Provide Air Conditioning During The Summer. It Has Been Out Of Order For Six Weeks.

Tue, 29 May 2007 21:19:00 GMT

Unless found in the local ordinance, air conditioning is not a service commonly found under the landlord`s duty to repair. Because your lease specifies air conditioning will be provided, you can use repair and deduct. You should first notify the landlord that the air conditioning is out of order, preferably in writing. If the landlord fails to repair within a reasonable amount of time, you can then pay a competent repair person for the repair and then deduct that money from your future rent.

My Lease Will Expire In Two Months. I Want To Stay In The Same Apartment. What Should I Do?

Mon, 04 Jun 2007 21:51:22 GMT

First, you need to read your lease paying special attention to paragraphs which discuss renewal, extension or expiration of the tenancy. If your lease does not answer your question, contact your landlord and discuss the matter with him or her. If you and the landlord cannot reach an agreement on a new lease, you should plan on moving when your lease ends. At the end of a lease term a landlord can choose not to renew the existing lease or can offer the tenant a new lease with different terms, including an increase in rent. Georgia law does not limit the amount of rent a landlord can charge or the amount by which rent can be increased. If you remain in your unit after your lease expires, the landlord can require that you immediately sign a new lease with new terms or vacate. It is best to negotiate your new lease before your old lease expires.

My Personal Property Was Damaged By A Fire That Started In A Vacant Apartment Next Door.

Tue, 29 May 2007 21:19:00 GMT

Most leases state that the landlord is not responsible for the loss or damage to the tenant`s personal property. Despite this lease language, a court may hold the landlord responsible if the loss or damage was caused by the landlord`s negligence. A tenant should first seek reimbursement for lost or damaged property by writing to the resident manager. If that is not successful, write to the property owner. If you are not reimbursed and feel your landlord is responsible, you should talk with an attorney. If you cannot afford an attorney, you can file a claim against your landlord in magistrate court.

My Rent Check For $500 Was Returned By The Bank For Insufficient Funds. My Landlord Wants To Charge Me A $25 Fee And $300 To Cover Costs.

Tue, 29 May 2007 21:19:00 GMT

Yes, Georgia law provides that any person, including landlords, who receive bad checks can demand, by certified mail, payment in cash within ten days from receipt. If your rent check was refused by the bank due to a lack of funds, your landlord can charge a returned check fee and charge you for damages. If you do not pay the charges, your landlord can sue you to recover the fee and damages. The service charge for the returned check may not exceed $25 or 5% of the amount of the check, whichever is greater. The landlord can recover up to double the amount of the check for damages he suffered, but no more than $500. Additionally, if the check was written with the knowledge that it would not be honored by the bank, the check writer could face criminal prosecution.

My Roommate And I Both Signed A Lease But She Has Moved Out. Can I Get Out Of The Lease?

Tue, 29 May 2007 21:19:00 GMT

Generally, if you signed a lease with your roommate, the apartment complex can hold each of you liable for the rent. The apartment complex will expect to receive the full monthly rent and, since you are living in the unit, will hold you responsible for payment. If both you and your roommate signed the lease, the apartment complex can seek full payment from either of you. However, the apartment complex can only collect the full amount from one of you. You may wish to contact the apartment manager and agree to pay a portion of the charges to be released from liability for the entire amount.

My Tenant Filed An Answer To A Dispossessory Warrant Which I Filed Because She Did Not Pay The Rent.

Mon, 04 Jun 2007 21:51:22 GMT

The tenant is allowed to remain in the rental property until the dispossessory process is complete. A landlord can request that the court order the tenant to pay into court the rent and utility payments that become due, while the dispossessory process is pending. The amount of rent due can be shown by attaching a copy of the lease or evidence of past payments. The court will order the tenant to make payments into court which can then be distributed to the landlord. If the tenant fails to make payments, the court can order the tenant to be removed from the property.

My Tenant Has Not Been Seen For Several Weeks; Rent Is Paid. Can I Consider The Property Abandoned?

Tue, 29 May 2007 21:19:00 GMT

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. While the tenant`s property may not seem valuable to you, the tenant may consider it to be very valuable and could sue you to recover. 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.

My Tenant Was Served With The Dispossessory Warrant By Tack And Mail Service. The Tenant Did Not File An Answer. The Court Says They Can't Issue A Money Judgement.

Tue, 29 May 2007 21:19:00 GMT

A dispossessory warrant taken due to nonpayment will usually request possession and a judgment for the amount of rent owed. If the dispossessory warrant is served by tack and mail service, a copy being placed on the door and a second copy sent by mail, the court cannot issue a money judgment. However, if the tenant served by tack and mail files an answer, the court can award a money judgment.

My Tenants Have Not Paid Rent In Several Months. Can I Turn Off Their Utilities?

Tue, 29 May 2007 21:19:00 GMT

No. A landlord who wants to force tenants to move must go through court and follow the dispossessory process. A landlord who suspends a tenant`s utility service prior to the final judgment in a dispossessory action has broken the law and may be subject to a fine up to $500.

One Of My Tenants Has Re-Wallpapered A Bathroom And Did A Very Poor Job. The Tenant Did Not Ask My Permission. Can A Tenant Make Alterations?

Tue, 29 May 2007 21:19:00 GMT

As a general rule, a tenant is prohibited from substantially altering leased premises without the landlord`s consent. A tenant may make minor alterations to the premises. Determining what may be a minor alteration is often difficult. It is best for a tenant to get written approval from the landlord before altering the rental property. A tenant is required to return the premises in the same condition as when received, subject to normal wear and tear. If the tenant fails to return rental property in such condition, the measure of damages is the reasonable cost of restoring the premises to their original condition. In these circumstances, if the lease so provides, the landlord could retain as much of the security deposit as is necessary to return the unit to its original state. If the security deposit does not cover the full amount of the repair cost, the landlord can file suit against the tenant seeking to recover the amount spent on repairs.

The Apartment Complex Where I Live Changed Owners Last Month. The New Owners Have Notified All Tenants That The Old Leases Are Cancelled.

Tue, 29 May 2007 21:19:00 GMT

A person who buys rental property does so subject to any existing leases with current tenants. This means that the new owner has purchased your lease and must abide by your lease`s terms. Any change or modification to the existing leases, which the new owner wishes to make, must be done in accordance with the terms of the existing leases. Unless the existing leases contain provisions allowing the owner to terminate or modify, they may not be changed prior to their expiration. If you want to remain a tenant under your lease, you should notify the new owner in writing that you expect him to honor your current lease. The new owner`s cancellation may constitute a breach of the lease. The tenants can challenge this cancellation in court. On the other hand, the tenant can consider the new leases an offer of new tenancy and agree to the terms and conditions of the new lease by signing it. If signed, the new lease will control the terms of the new landlord tenant relationship.

The Court Ruled For My Landlord At Our Dispossessory Hearing. How Long Do I Have To Move?

Tue, 29 May 2007 21:19:00 GMT

By ruling for your landlord, the court ruled that your landlord did have the legal right to have you removed from the property. The court may also have entered a judgment that you owe money to your landlord. The money judgment can be enforced by garnishment or other methods. A writ of possession allows the landlord to have you removed from the property. After July 1, 1998, your landlord cannot execute the writ, remove you from the property, until the expiration of the seventh (7th) day after the judgment was entered or longer if the court orders. Once judgment has been entered, even if you pay the landlord the money judgment, you can still be removed from the property. Until July 1, 1998, a tenant has ten (10) days after judgment to vacate.

The Court Ruled In Favor Of My Tenant In Our Dispossessory Case. I Disagree. What Can I Do?

Mon, 04 Jun 2007 21:51:22 GMT

After July 1, 1998, a judgment in a dispossessory case must be appealed within seven (7) days from the date the judgment is entered by the court. Once appealed, the case will be placed on the court`s next calendar for a nonjury hearing. If a jury trial is desired it must be requested within thirty (30) days from the filing of the appeal. It is wise to consult an attorney when considering an appeal. Until July 1, 1998, a appeal must be filed within ten (10) days.

The Landlord Promised To Replace The Carpet Before I Moved In. I Have Been Living Here For Three (3) Months.

Tue, 29 May 2007 21:19:00 GMT

The landlord may be responsible for fulfilling a verbal promise to replace the carpet. You would have to go to court, prove the promise was made and ask the court to enforce the promise. If there are no witnesses to the verbal agreement, and the landlord denies it, your ability to enforce the promise may depend on whether a judge believes you or your landlord. The better way to handle this type of situation is to have a written agreement as to any changes to be made.

The landlord will be less likely to deny making such promises when they are in writing.

The Landlord Will Not Accept Only Half Of The Rent. Why Not?

Tue, 29 May 2007 21:19:00 GMT

Under most rental agreements and leases, the tenant agrees to pay a specified amount of rent on a certain date. Failure of the tenant to comply with such provisions amounts to a breach of the lease. Consequently, the landlord is not required to accept a portion of the rent unless the landlord has established a pattern and practice of doing so. If the landlord has accepted partial payments in the past, he can not refuse partial payments without first giving notice that he will only accept full payment. If the landlord does accept the rent in the reduced amount due to needed repairs, the tenant should get a memo from the landlord showing the rent for the month is considered paid in full.

The Pipes In My Apartment Froze And When They Melted They Leaked. Who Is Responsible For The Damage To The Pipes And Damage To The Belongings That Were Damaged?

Tue, 29 May 2007 21:19:00 GMT

If your water pipes freeze, then burst, your landlord most likely will not be responsible for the damage to your personal property. You need to read your lease carefully. Most leases state that the tenant must take steps to keep pipes from freezing in winter, such as keeping the apartment heated or the water running. Even if your lease says that your landlord is not legally responsible for the loss of personal property, a court can hold the landlord responsible if it is shown that it is the landlord`s fault that the pipes burst. The landlord must repair the water damage to the apartment.

The Resident Management Of My Apartment Complex Refuses To Provide Me With The Name And Address Of The Property Owner. How Can I Obtain This Information?

Tue, 29 May 2007 21:19:00 GMT

At the time you signed your lease you should have been given the name and address of the owner of the property or his authorized agent for purposes of receiving lawsuits and other legally required notices. The tenant should also be given the name and address of the person authorized to manage the property. After signing the lease, if there is a change in the designated individuals or their name or address the landlord should give notice to the tenant within thirty days of the change. Such notice may be sent to each individual tenant or posted in an obvious place such as the complex office or the community bulletin board.

The Roof On My Unit Is Leaking Badly. I Notified The Landlord And It Was Fixed But It Took About Three Weeks To Have The Repairs Completed.

Tue, 29 May 2007 21:19:00 GMT

Under certain circumstances a tenant may be entitled to a reduction of rent by the diminished value of the premises due to need for repairs. Such a claim is best brought with the advice and guidance of an attorney. Generally, a landlord will not be required to compensate a tenant for the temporary loss of a portion of the premises. This should not prevent the tenant from approaching the landlord about the loss and inconvenience experience. The tenant should try to negotiate compensation for the loss. While the law may not require the landlord to compensate you, the apartment complex is a business and you are its customer. A well run apartment complex would want to maintain good tenant relations and ensure that you will want to remain there when your current lease expires. It is usually more successful for a tenant to negotiate for a future rent credit, then to ask the landlord to pay cash out of pocket. Use common sense and reasonableness when approaching the landlord. For example, was the room involved the kitchen or the only bathroom, both of which are essential for health or safety reasons? Or, was it a spare bedroom or storage area that is not significantly used each day? The landlord is responsible for making repairs within a reasonable time after being notified of the need for the repair. If the landlord undertook and completed roof repairs within a reasonable time after notice, the landlord has fulfilled his repair responsibilities and compensation to the tenant for the loss of the room is unlikely. However, if the landlord unreasonably delayed in undertaking the repairs and the tenant suffered a loss due to the delay, the tenant may have a claim against the landlord for damages to personal property caused by the delay in repair.

There Is A Tree On The Property I Am Renting. I Would Like To Cut It Down Because I Fear It Might Fall On My Home. Can I Cut Down The Tree?

Mon, 04 Jun 2007 21:51:22 GMT

A tenant does not have the right to cut or destroy growing trees or otherwise injure the property. A tenant has a right to use and enjoy the rental property but not to make changes in the property. You should contact your landlord informing him of your concerns about the tree, the danger you believe it poses and the action you wish him to take. If the landlord fails to repair a dangerous condition, he may be held responsible for any damages which result from the failure to remedy the problem.

Today I Received A Dispossessory Affidavit Because I Failed To Pay My Rent The First Of The Month. I Now Have Money To Pay My Rent.

Tue, 29 May 2007 21:19:00 GMT

A tenant whose landlord has filed a dispossessory affidavit because of nonpayment of rent may be able to avoid being evicted by paying all that the landlord alleges is due plus court costs. This amount should be stated on the dispossessory summons served on the tenant. The tenant must offer payment within seven (7) days of receiving the summons. The landlord is required to accept such payment from the tenant only once in a twelve month period. If a landlord refuses to accept an offer of tender, the tenant should file an answer to the dispossessory affidavit stating that tender was offered, but refused. After July 1, 1998, if a court finds that a landlord refused a proper tender, the court can order the landlord to accept payment of rent, late fees and court costs and require that the landlord allow the tenant to remain in possession, if the payment is made within three days of the court`s order. If the court finds that the landlord refused a proper tender and orders the landlord to accept payment, that payment will not count as use of the tender defense which can only be used once every twelve months.

What Are The Advantages And Disadvantages Of A Written Lease?

Mon, 04 Jun 2007 21:51:22 GMT

The advantages of a written lease are generally considered to be certainty and clarity. The lease sets the rent for the lease term. Unless the language of the lease states otherwise, rent can not be increased during the lease term. A lease spells out the obligations of the tenant and landlord. If there are any disputes between the tenant and the landlord, the lease represents what was agreed upon by the parties. Where there is not a written lease, there are often misunderstandings between the tenant and landlord. The primary disadvantage of a lease is that it kinds the tenant to the premises for a specified amount of time. Therefore, if you are planning to live in the unit for a very short period of time, you may not want a lease. Leases can be made for any length of time, so you could ask the landlord if the lease could be written for the time period you expect to live in the unit. Alternatively, if you may have to move due to a job transfer during the term of the lease, you can ask that the lease include a provision allowing the tenant to terminate without penalty due to employment reasons. Similarly, if you intend to buy a house during the rental period you may ask that the lease include a provision allowing you to terminate without penalty upon closing on a home. Georgia law does not allow a tenant to break a lease because they are buying a home or being transferred by their employer.

What Do I Need To Do At The End Of The Tenancy?

Tue, 29 May 2007 21:19:00 GMT

Within three (3) business days after the termination of the lease or the surrender and acceptance of the premises, whichever occurs later, the landlord must inspect the unit and prepare a comprehensive list of damages. The landlord must sign the list and provide it to the tenant. The tenant is entitled to inspect the premises within five (5) business days after the termination of occupancy. The tenant must sign the moveout inspection list or specify in writing the items in dispute. The moveout inspection discussed applies to landlords who collectively own more than ten (10) rental units including units owned by their spouse and children or who employ a management agent regardless of the number of units owned. Landlords who own fewer than ten (10) units or who manage the units themselves are not required to follow the inspection procedures but may find it helpful in establishing repair needs and responsibilities.

What Do I Need To Know About Security Deposits Before I Sign A Lease?

Tue, 29 May 2007 21:19:00 GMT

Georgia law establishes an inspection procedure, the purpose of which is for the landlord and tenant to agree on the preoccupancy condition of the rental unit. Georgia law requires that before the tenant pays a security deposit and moves into the rental unit the landlord must give the tenant a complete list of any existing damages to the premises signed by the landlord. The list should also contain a written notice of the tenant`s duty to sign or object to the list. The tenant is to be afforded an opportunity to inspect the rental unit to determine if the list is accurate or if additional defects need to be added to the list. The tenant must sign the list or specify in writing on the list the items in dispute and then sign. The movein inspection discussed applies to landlords who collectively own more than ten (10) rental units including units owned by their spouse and children or who employ a management agent regardless of the number of units owned. Landlords who own fewer than ten (10) units or who manage the units themselves are not required to follow the inspection procedures but may find it helpful in establishing repair needs and responsibilities.

What Happens If The Landlord Refuses To Refund The Security Deposit Even Though The Tenant Satisfied The Conditions For Refunding It?

Tue, 29 May 2007 21:19:00 GMT

If the landlord unlawfully refuses to refund the security deposit, the tenant may bring a claim for those monies in the magistrate court or state court where the landlord resides or otherwise has designated a person as his agent of service. A landlord who owns more than ten (10) units or uses a third party to manage the units can be liable for three times the amount of the improperly withheld security deposit plus attorney fees. The landlord may not have to pay treble damages if, the landlord shows that the withholding was not intentional and resulted from an error which occurred in spite of procedures reasonably designed to avoid such an error.

What Happens To The Security Deposit When An Apartment Complex Changes Owners?

Mon, 04 Jun 2007 21:51:22 GMT

The former owner is responsible for making appropriate arrangements for the security deposit. The security deposit may be transferred to the new owner, making the new owner responsible, or the prior owner may refund the security deposit to the tenant. If the former owner fails to take either of these actions, the tenant has a legal action against the prior owner. A tenant should write to the former owner and the current owner requesting information on the security deposit.

What Information Can A Landlord Request On An Application? Can Landlords Charge An Application Fee?

Tue, 29 May 2007 21:19:00 GMT

Yes, a landlord can charge an application fee. The following information can be requested on a rental application: name, social security number, current landlord`s name; address and phone number, employer`s name; address and telephone number, applicant`s job title and annual income, employment information going five years back, relative references, identity of nearest relative, release for credit report and signatures of applicants.

What Is A Lease And Why Is It Important?

Tue, 29 May 2007 21:19:00 GMT

A lease is a contract between the landlord and the tenant. The lease sets forth the rights and responsibilities of both the landlord and the tenant. The lease allows the tenant to occupy and use, for a specific period of time, land and permanently affixed structures on that land. In return, the tenant generally pays a specified rent. The lease may set forth other duties and responsibilities of the landlord and tenant. Once the parties sign the lease both are bound by its terms. Landlords should select their leases with care. Before selecting a lease, a landlord may wish to consult with an attorney who regularly handles landlord and tenant matters.

What Is A Security Deposit And Why Do I Have To Pay It?

Mon, 04 Jun 2007 21:51:22 GMT

A security deposit is money paid by the tenant to the landlord. The deposit protects the landlord if the tenant vacates without making required payments or damages the unit. If the tenant gives proper notice and vacates without owing any rent or damages, the landlord must return the security deposit to the tenant within thirty (30) days. All landlords, regardless of the number of units they own, must return the security deposit within thirty (30) days after the termination of the lease or the surrender and acceptance of the premises, whichever occurs later. If the landlord is retaining all or part of the security deposit, a statement specifying the exact reasons why the security deposit is being retained must be sent within the thirty (30) day period.

What Is The Landlord Required To Do With The Security Deposit?

Mon, 04 Jun 2007 21:51:22 GMT

A landlord who owns more than ten (10) rental units, including units owned by their spouse and children, or who employ a management agent, regardless of the number of units owned, must give the tenant written notice of the location and number of the account in which the security deposit is held. As a substitute for having an escrow account, the landlord may post a $50,000 bond with the superior court clerk of the county in which the rental property is located.

What Other Types Of Deposits May Be Required By The Landlord?

Mon, 04 Jun 2007 21:51:22 GMT

In addition to the security deposit, the landlord may require an application fee, cleaning fee, pet deposit and an advance rent deposit. Before paying any of these deposits or fees a tenant should get in writing what the payment is for and under what terms the payment will be refunded. Refundable pet deposits and advance rent deposits are considered a security deposit under the Georgia law. Application fees or deposits to hold an apartment until you actually sign a lease are not considered security deposits under Georgia law and are usually not refundable, should you choose not to move into the unit. You should ask if the holding deposit or application fee will be applied to your first months rent or security deposit if you sign a lease and move in. Always get a receipt for any deposit or fee that you pay. If the fee is refundable, ask the landlord to put this information on the receipt.

What Should A Lease Contain?

Tue, 29 May 2007 21:19:00 GMT

The most important document is the lease between the landlord and tenant. The lease is a contract. Unless the lease contains illegal provisions, a court will require the landlord or tenant to do what the language of the lease provides. The answer to most landlordtenant questions can be found in the lease between the parties. A comprehensive lease should include the following:

Names of the tenant, the landlord or the landlord`s agent and the person or company authorized to manage the property. A description of the rental unit, identifying the appliances included in the unit and the heat and cooling source. The amount of rent and the date it is due, including any grace period, late charges or return check fee charges. How rent is to be delivered to the landlord and whether by check, money order or cash. Methods to terminate the agreement prior to the expiration date and what, if any, charges will be imposed. The amount of the security deposit and the account where it is held. Utilities furnished by the landlord and, if the landlord charges for such utilities, how the charge will be determined. Amenities and facilities on the premises which the tenant is entitled to use such as swimming pool, laundry or security systems. Rules and regulations such as pet rules, noise rules and whether or not breaking such rules can be grounds for eviction. Identification of parking available, including designated parking spaces, if provided. Pest control, if provided, and how often. How tenant repair requests are handled and procedures for emergency requests.

When Can A Landlord Begin Legal Proceedings To Evict A Tenant?

Tue, 29 May 2007 21:19:00 GMT

The basis for evicting a tenant are:

Nonpayment of rent,
Failure to surrender the premises at the end of the lease term, or
Breach of the lease, including any rules that are part of the lease, if the lease provides such breach entitles the landlord to terminate the lease.

When I Moved Into The Apartment, Two Windows Did Not Have Screens And Two Other Screens Were Ripped.

Tue, 29 May 2007 21:19:00 GMT

Generally, the tenant is not responsible for defects that existed before the tenant occupied the premises. The purpose of a movein inspection is to determine any defects before the tenant moves in. If you signed the movein inspection list and failed to identify the missing and torn screens, you can be charged for the replacement and repair of those screens. The movein list is conclusive as to the condition of the apartment at the time you moved in. If you noted the condition of the screens on the list at the time of the inspection, the cost of the repair should not be deducted from your security deposit.

When Should The Tenant Expect To Get A Copy Of The Lease?

Tue, 29 May 2007 21:19:00 GMT

It is a good idea to get a copy of the lease before signing so that you will have a chance to review it. A tenant should be given a copy of the lease and any rules or regulations referred to in the lease after both the landlord and tenant have signed. If the landlord does not voluntarily give the tenant a copy of the lease and rules and regulations, the tenant should request a copy in writing. Since the lease spells out the tenant`s and landlord`s responsibilities, it is important for both parties to have a copy of the lease to answer any questions. Keep your lease in a safe place.

When The Lease Has Expired But The Landlord Has Continued To Take Rental Payments, What Rights Does A Tenant Have?

Tue, 29 May 2007 21:19:00 GMT

The tenant needs to read the expired lease carefully, especially the language on renewal or extension. The language of the lease will control. Generally, where the lease requires a renewal (a new contract) at end of the term, and the term ends without such a renewal, the tenancy has terminated. However, if the landlord has accepted rental and permitted the tenant to remain, a tenancyatwill has been created. The terms of the original lease would still apply except as to notice to vacate or change the lease terms which would remain 60 days for the landlord and 30 days for the tenant. If the language of the lease says that after expiration of the original term the parties have the right to extend under the same terms, acceptance of rent by the landlord extends the lease and all its terms including length of tenancy. In such a case no tenancyatwill is created.

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