Georgia Landlord Tenant Info.

Now that people have received their taxpayer funds to pay their back rent, the next big threat to tenants, at least, is the landlord's decision to not renew leases. This has become prevalent because some leases have renewal clauses that limit how much the rent can be raised during the next term. If the landlord can move the old tenant for a new tenant, the rent can be raised hundreds of dollars. Without a rent increase clause, the landlord can increase the rent anyway. Georgia law on non-subsidized housing does not protect the tenant with right to renew laws and rent caps. Therefore, unless the landlord is willing to negotiate with you, the best thing to do is move on to another location.

Now that the eviction crisis is waning, I will accept repair and security deposit cases.

Be care about the legal advice you receive. At least three times a week, I receive calls from tenants and landlords who were given bad advice. Get two or three opinions from experienced lawyers in landlord-tenant law before making a decision about your case.

Be careful what you ask for when it comes to taxing the other guy. The trickle down theory should really apply to taxing the rich and corporations. In the long run, the middle class and poor pay.

A better solution is to have the city do the repairs, charge the landlord, and foreclose on the property if full payment or a payment plan isn't agreed to by the landlord. Another option would be to have the city do the repairs, give a date certain for payment, sue the landlord, then place a lien on all rents until paid off.

Tim, a non-lawyer, gives an interesting take on the eviction moratorium. Sorry Tim, facebook had auto corrected the original typing from non-lawyer to non-American.I've corrected that obvious error. https://rumble.com/vlrebx-scotus-strikes-down-bidens-illega

The party for tenants is over. The US Supreme Court struck down the CDC moritorium. It held Congress has to pass laws relating to stays. If you have any questions about this, email me at [email protected].

Under the Georgia Code, mediated agreements signed into a court order cannot be appealed, except under very limited circumstances. Therefore, think about your case's strengths and weaknesses before you arrive in court. Also, think about a high/low mark for settlement. If you cannot find a lawyer to represent you in court, talk to a lawyer beforehand about all aspects of your case. At least once a month, I receive a call from a pro se person who wants to reneg on a consent judgment. Normally, that call is the first time the tenant had a chance to speak with a lawyer. By that time, it's too late.

I've been getting numerous last minute calls for representation. Don't wait until the last minute to hire a lawyer. Before Covid, I could be hired two to three days before trial. Now, it's much longer

With rampant inflation upon us, my fees for new cases will increase 20% effective August 15.

If you are a landlord, don't do this. You will be in prison, the tenant's family will sue and get a huge judgment. In the end, that family may own the property you were trying to save.

Independent Lawyer (@AttorneyMcGill) Tweeted: If it were a disgruntled client he represented in a foreclosure action, it's only going to get worse as foreclosures and evictions ramp up in the fall and extending through 2022. Remember, lawyers aren't miracle workers. They can work with the present facts and law. That is it. https://twitter.com/AttorneyMcG/status/1423834006915792896

WARNING - SATIRE. JUST IN CASE YOU'VE NEVER HEARD OF THE BABYLON BEE.

When you call a lawyer's office for advice, you should expect to hear the pluses and minuses of your situation so you can determine the best course of action. If a lawyer gives you only the pluses of your case, she's doing you a disservice. Once you hire a lawyer, demand she prepare you for cross-examination. This means browbeating you on the all the negatives in your case. This method is the best way to prepare for depositions and trials.

March 31st is the new deadline for evictions. JD Supra (@JDSupra) Tweeted: President Biden Extends CDC Eviction Order through March 31 https://t.co/Qu7ZfwZHuq https://twitter.com/JDSupra/status/1354238126827343874?s=20

LANDLORDS IN GEORGIA During any extended CDC moritorium, if you get a nonpaying tenant out, you may want to avoid the risk of another squatter by limiting terms to month to month with a 30 day notice This way, you can give the 30 day notice if the tenant stops paying. Under the last two moritoriums, at least, landlords were restrained from evicting for non-payment, not for evicting holdovers.

Well, as far as his statement on evictions, it's true. They have a week to act. However, the eviction moritorium has to be broader. At this point, all one year leases signed before the pandemic have expired or are about to expire. So, the landlords can seek an eviction in Georgia if the tenant is a holdover. The current CDC Moritorium prevents a landlord from seeking an eviction if the sole reason for doing so is the failure to pay rent.

If the moritorium is extended for additional months, the tenant's obligation to pay back rent still exists. The longer the tenant squats, the higher the bill becomes. For many who can't afford their current residenced, downsizing may protect financial futures, especially if the landlord agrees to forgive all or a part of the current back rent in exchange for the keys. All landlords are looking to rent to people who can afford their rent. Additionally, small landlords who are... suffering are looking to sell. Unless bankruptcy is an option, once the final moritorium is lifted, the next step for the landlord is a dispossessory action to remove the tenant and obtain a judgment. A mutually beneficial settlement agreement may be the solution for both sides. The landlord gets her house back and the tenant moves on without the stress that comes from lawsuits, bad credit, liens, and garnishments. If you have questions about your options as a landlord or tenant during the pandemic, call or email me to discuss this further. [email protected]

The CDC Moritorium has taken one aspect from my landlord tenant practice (evictions for failure to pay rent for qualified tenants). However, the following areas have picked up: 1. Landlords' failure to repair rental properties 2. Early termination negotiations because of tenant relocations 3. Constructive and wrongful evictions 4. Evictions of tenants/homeowners after foreclosures... 5. Evictions after leases expire 6. Evictions for breach of contract 7. Evictions for failure to pay rent on commercial properties If you are a tenant or landlord who needs advice on an issue, contact The McGill Law Firm, LLC at [email protected].