Georgia Landlord And Tenant Legal Questions

Your question has nothing to do with Wills and Probate, which may be why any first post you made was deleted. I've changed the practice area to Landlord and Tenant Law in hope of helping you get some answers from attorneys who practice in the relevant area. You will likely have to evict your daughter even if she isn't paying rent.... Read More

I am sorry to hear about your situation. However, this is not a Wills and Probate question, so I have changed your practice area in hope of getting your question to attorneys who can help you answer it better than I can. In general, if your ex wife is the owner of the home, and you just live with her, but you and she don't have any written agreements, she may need to take formal steps to evict you, and you may have some rights as a tenant, but you likely don't have a lot of rights. If you gave her money to make repairs and improvements to the property and you and she did not have any written documents in place to state what the money was for or the terms under which you gave it to her, those were gifts by you to her and don't give you any rights to the property. The fact that you've paid her to live there also does not give you any rights to the property other than as a tenant. And any amounts that you may have paid for her daughter or her grandson are also likely gifts and don't give you any rights unless you have a written contract that says the amounts were to be loans to your ex. You should consult an attorney who helps tenants with evictions if you want to make sure you are legally protected as much as possible. If you do have anything in writing about any of the payments you've made over the years, be sure and show them to the attorney. Best wishes to you.... Read More

Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. I strongly suggest that you contact an experienced real estate attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. He/she would then be in a better position to analyze your case and advise you of your options.... Read More

The terms are what you agreed too at the time you submitted you deposit. The landlord should not changing the terms. Unfortunately you did not sign a lease or deposit agreement so it is you word against theirs. I would ask to speak with her supervisor. I would be concerned with sign a lease with someone kept changing the terms and would ask for my deposit back if they won't go back to the original agreed terms.... Read More

You need an attorney to handle that issue for you as I would not think that a misnomer would be fatal but would need more facts - you need to file answer within the stated time period or u will lose the opportunity to litigate the issues - as far as transferring due to ccs exceeding mag. ct. limits - mag. ct may or may not transfer - you can appeal but u'll end up having to pay rent if you want to stay in possession.... Read More

You need to read your lease.  Look for a section concerning successors or assignment of the lease. You should consider consulting a local consumer rights attorney to determine what local state laws may help or hinder your ability to sublet the apartment. This is not intended to be legal advice, and is general in its nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.... Read More

Yes, they can charge you for the remainder of the lease.  It was not their breach, but yours.  You should speak with a local attorney to see what rights you may have under your state's laws. This is not intended to be legal advice, and is general in its nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.... Read More

Yes, certainly, you can get your $750/,month rent back and applied to future payments that the landlord (I assume) is required to make under your lease. If the landlord defrauded you and the two of you had no lease, all you can do is sue him for money had and received, but even if you had no lease you can sue him under the doctrine of constructive trust.... Read More

Your insurance company should promptly & fairly adjust your homeowner's insurance claim after you give them notice of your loss. However, there are many hoops you need to jump through before they even have an obligation to do so. Also, in practice, how quick your insurance company responds & reacts to your claim depends on who the insurance company is. Good luck!... Read More