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Christopher B, Esq.
Christopher B, Esq., Lawyer
Category: Real Estate Law
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Experience:  associate attorney
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My land lord is trying to evict me due to non payment of

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My land lord is trying to evict me due to non payment of rent, I paid rent on the 13th of Dec and received a eviction notice on Dec.17th. We done some side work on then porch at his residence in return for one months rent, He was never satisfied after 7 months of doing every thing we could do in our power to do to satisfy him. The job did not get completed to his satisfaction but he did agree to take off the out of pocket expenses off of Dec. rent. The total came to around $350. Rent was $960 + $100 late fee. I put a $750 money order and the receipts in his mailbox on the 13th. On the 17th I received an eviction notice stating we have until Jan.19th to vacate due to non payment. He is really just upset with the out come of the job at his residence and is harassing us and threatening us and sending registered letters saying we have to move by the middle of Jan. and pay rent too. When he charged us $3000 to move in back in Sept of 2011. Is this legal? and can we get some free rent due to his harassment while we recoup from xmas and get enough money saved up to move out.? And does he have the right to tell us to move for no reason? Does the lease agreement carry over to the next term even though one was never signed when the last lease ran out back in Sept 2014?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Christopher B, Esq. replied 1 year ago.

Has your landlord served you with an actual notice of eviction? Do you have any of this in writing regarding the work on the porch and how much you were to be paid? Do you have anything in writing regarding the out of pocket expenses and the December rent?

Expert:  Christopher B, Esq. replied 1 year ago.

y name is***** and I will be helping you with your question today. This is for informational purposes only and does not establish an attorney client relationship.

Georgia law does not require an eviction notice to be written. A landlord could orally tell a tenant that he/she will begin eviction proceedings against the tenant for not paying rent, unless the tenant moves out of the rental unit or pays the late rent.

The tenant has a few options when receiving an eviction notice:

1. The tenant can pay the rent and any associated late charges. The tenant can even pay rent up to seven days after receiving the paperwork for the eviction lawsuit. If the tenant pays the rent, the landlord must accept it and stop the eviction proceedings (see Ga. Code Ann. § 44-7-52).

2. The tenant can move out of the rental unit. If the tenant moves out of the rental unit but does not pay rent, the landlord can use the security deposit to cover the unpaid rent, or sue the tenant for the amount owed to the landlord.

3. If the tenant does not pay the rent and does not move out of the rental unit, then the landlord can file an affidavit with the court to begin the eviction process, or dispossessory proceeding.

Charging you the $3000 may be permissible depending on the reason. A security deposit would be the first thing that comes to mind. addition to the security deposit, the landlord may require an application fee, cleaning

fee, pet deposit, advance rent deposit, or other fees. 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. Pet deposits and

advance rent deposits, which are refundable under the lease, are considered part of 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 and are usually not refundable, should you choose not to move into the unit.

Unless you are on a month to month oral lease in which the landlord could cancel with thirty days notice with no reason or at the end of the lease which the landlord can cancel with notice, the landlord cannot terminate your lease for no reason. It sounds like since you never signed a new lease from Sept. 2014, you are on a month to month lease and your landlord could cancel it for any reason or no reason at all with 30 days notice, so the lease provisions do not carry over.

See link for the Georgia Landlord tenant handbook for more information: http://www.dca.ga.gov/housing/housingdevelopment/programs/downloads/Georgia_Landlord_Tenant_Handbook.pdf

Please let me know if you have any further questions and please positively rate my answer if satisfied.

Expert:  Christopher B, Esq. replied 1 year ago.

I see you reviewed my answer, please let me know if you have any further questions and please positively rate my answer as it is the only way I will be compensated for my time by the site. There should be smiley faces or numbers from 1-5 next to my answer, an excellent or good rating would be fantastic. I want you to be satisfied so I will continue to answer any questions you may have and I thank you in advance for completing this extra step as it will not cost you any additional money.

Expert:  Christopher B, Esq. replied 1 year ago.

Any chance for a positive rating?

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