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Legal Eagle
Legal Eagle, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 3081
Experience:  Licensed to practice before state and federal court
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My situation is complicated. Im a tenant living in a

Customer Question

Hello, my situation is complicated. Im a tenant living in a property that's had numerous issues with the tenant above me and the landlord not doing anything about it. Now the landlord is stating that he wants to file 30 notices against us both. I've been attacked physical by my neighbor, filed several complaints to the landlord, as well as given him police and court documents showing the tenant was arrested and charged. What can I do in this case of being wrongfully evicted?
JA: Since laws vary from place to place, what state is this in? And when did this happen?
Customer: This is in Savannah, Georgia and it's been going on for the past year.
JA: Has anything been filed or reported?
Customer: Yes
JA: Anything else you want the lawyer to know before I connect you?
Customer: I just need someone to help because this is so wrong
Submitted: 14 days ago.
Category: Landlord-Tenant
Expert:  Legal Eagle replied 14 days ago.

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating so all that means is that you can count on me to help today. Do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only. Additionally, Most people believe a phone call is the easiest and most efficient way to handle problems. Accordingly, you will receive an automatic phone call request. If you would like a phone call, please click “Accept” when prompted.

Customer: replied 14 days ago.
what can be done regarding my situation. What kind of attorney would I need in this matter?
Expert:  Legal Eagle replied 14 days ago.

I'm sorry to hear about your situation. To me, this sounds like what's called a constructive eviction. It constructive eviction basically means that you are being evicted because of the failure of the landlord to do or not do something that is required to make the place habitable. So, in your case if you have neighbors that are making your stay so unlivable to the point to where you do not feel as if you can stay there any longer than you are being constructively evicted. Now, as you know you cannot be evicted from your property unless the landlord follows very specific procedures. Those procedures are generally notice in advance.

This also appears to be a classic breach of contract. A breach of contract just simply means that one party was obligated to perform and they have either have not performed or have said that they will not perform. Typically, the aggrieved party is entitled to be returned to the same position they were in before the breach. There’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract (click here). It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If this doesn’t work, sadly, the only other option is to either go through an informal mediation or file a lawsuit in your local court.

You may need a landlord-tenant lawyer. One of the hardest things to do sometimes is find a lawyer that you can trust. Google searches are a good place to start, but usually the lawyers who pay the most can get bumped up to be on the first page regardless of their quality. One thing I recommend is going through your state’s lawyer referral service (LRS). The LRS in each state typically requires the attorney to have several years of practice, be free of discipline, and have adequate staffing to assist people. Here is the link for the Georgia LRS - click here.

Expert:  Legal Eagle replied 14 days ago.

Follow up questions are free, so please feel free to ask away. You can also click here in the future to request me individually. If you don’t have any additional questions, were you satisfied with my service today?

Customer: replied 14 days ago.
Wow, you learn something new everyday. Thanks so much because I know that I haven't done anything wrong and I've done everything the landlord asked me to do. So this is some great information and advice. I will look into it. Thanks so much.
Expert:  Legal Eagle replied 14 days ago.

The pleasure is all mine! Further up on the you should see a chance to give me a rating. 5-stars are always appreciated, but it is definitely not required! You can also click here in the future to request me individually. Don’t forget, if you haven’t already, you can always sign up for a membership with Just Answer and start asking more questions on the cheap.