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Thomas McJD
Thomas McJD, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 46
Experience:  Landlord-Tenant Law Expert
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We sent notification to tenant to vacate property with the

Customer Question

We sent notification to tenant to vacate property with the 60 day timeframe, the tenant in turn countersuit that we failed to provide repairs but have not been able to gain access to the property due to unauthorized vicious dogs.
JA: Did the tenant give any advance notice that they were leaving? What kind of lease agreement did you have?
Customer: As a result the judge asked us to communicate via email and we send demand to access the property immediately after court and gave 48 hours notice, no answer sent a follow-up and scheduled to inform we would be there on specified date and time. We were not allowed access, and called the police we were trespassing. The judge said to get repairs and access and following an inspection. The tenant called code enforcement and then sent us an itemized list, let me say, the judge asked her to send us an itemized list of repairs, which we had never been previously notified in writing or verbal. The tenant called code enforcement and then sent us an extensive items list. In addition, we spoke to the City of Stonecrest Code enforcement, and he validated some things need immediate addressing and would meet us to be a liason. With that being said, the list raised concerns and we believe there is structure and safety issues that require immediate attention and emergency entry. The tenant refuses to allow us access and has given us a timeframe in the future with specified window. Deck and water damage from tenant negligence. Per the orginal lease and the Georgia Tenant, I can gain access without notification. What other steps should I undergo to get immediate access
JA: Anything else you want the lawyer to know before I connect you?
Customer: the tenant says we are trespassing if she does not confirm the right for access
Submitted: 2 months ago.
Category: Landlord-Tenant
Expert:  LandlordTenantAnswer replied 2 months ago.

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

Expert:  LandlordTenantAnswer replied 2 months ago.

Good morning. I am sorry to hear about this. If there is an emergency or the lease allows you access without notification, in certain situations, you would have a right to enter. If your concern is the dog and being attacked, you could call animal control and ask them to accompany you and advise that there is a dog inside, you need to gain access per court order and that damage is being done to the rental and see if they can help. At this time, based upon what you shared, there is nothing preventing you from legally going in and it is an issue with the dog. If they refuse and animal control nor the police can help, you need to go back to court and ask the Judge to order a specific date and time for this to be done so the tenant knows they need to cooperate and allow entry, since at this time their actions are in bad faith.

Expert:  LandlordTenantAnswer replied 2 months ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!