by: MacGregor Lyon, LLC - a full-service law firm based in Atlanta, Georgia.
Can my landlord terminate my lease because of something my son (an adult) did although he is not on the lease?
Most lease agreements contain provisions that allow termination by the landlord if a tenant commits a crime while on or around the property. Even though your son may not be a signatory on the lease, i.e. didn't sign the lease, the tenant who did sign the lease is responsible to some extent for the actions of their guests, whether long or short term. Often, a lease agreement will list individuals, other than the signing tenant, that will be allowed to reside on the property, although they are usually underage children.
Can the landlord tell me my adult son can't live with me, or has to move out?
The terms of the lease agreement often limit the people who are allowed to reside on the property. So, if the lease states that only you are allowed to live on the property, then no one else would be allowed to live with you (including family members). If the lease does not specifically state who is allowed to live in the property, there would be a presumption that it would only include the tenant(s) who signed the lease and any minor children.
My tenant has filed bankruptcy and I am told there is a stay. He has not been paying rent. How do I force him to move out?
If a court order exists granting a stay with regard to an eviction, you must adhere to that order. If no valid stay exists, in order to force a tenant to move out, you must first file a dispossessory action against the tenant for holding over the term of the lease (commonly known as an eviction). This means that you have terminated the lease and gave the tenant proper notice of the termination in accordance with the terms of the lease, but they refuse to leave the property after the termination date (i.e., the date they were supposed to vacate the property).
You would then file the dispossessory in the magistrate court in the county in which the property is located. The magistrate court has form complaints that you would fill out with some information about the landlord, the tenant(s), the situation, and the amount owed (if any). The sheriff would then be sent out to serve a copy of the complaint to the tenant(s), and they in turn would have a week to file an answer to the complaint. If they fail to answer the complaint, you may then ask the court to grant you a default judgment for failure to answer. If the tenant(s) does file an answer, a hearing date will then be set in a week or two, at which time you may then tell your side of the story, present witnesses, etc. If you are unhappy with the outcome in magistrate court, you can appeal the decision to state court.
Can a tenant legally change locks after he's been served with a dispossessory/eviction?
Ordinarily, the landlord has a right to enter the property on at least a limited basis in order to make repairs, check on the property, etc. Changing the locks without providing a key to the landlord would most likely be a violation of the lease agreement because it precludes the landlord from entering the property altogether. The service of a dispossessory on the tenant does not alter the rule with regard to changing the locks.
How do I evict a tenant at will? He is/is not current on the rent. How much notice must I give him?
As a landlord, in order to terminate a tenancy-at-will, you must give the tenant at least sixty (60) days' notice. You should send a written notice to the tenant (delivery receipt requested) stating the reasons for the termination of the tenancy and the exact date by which they should vacate the property, which should not be less than 60 days from their receipt of the notice. Also remember that if the tenant remains on the property after the termination date, you may then file a dispossessory and ask for back rent.
My landlord has not repaired the plumbing. My apartment is a health hazard. What can I do?
Unless agreed to otherwise in the lease agreement, a landlord has a duty to make repairs within a reasonable time after notice of the needed repairs is given. If your landlord has failed to fix the plumbing after giving him/her notice of the problem(s), you should call the city or county and report the violation if it is a housing code violation. You may also file a breach of contract claim in magistrate (small claims) court for the landlord's failure to make repairs. If the problem makes the property uninhabitable, you may make the repairs yourself and seek damages form the landlord for those repairs.
My landlord has not repaired the heat. My apartment is unbearably cold. What can I do?
Unless agreed to otherwise in the lease agreement, a landlord has a duty to make repairs within a reasonable time after notice of the needed repairs is given. If the repair is something that is vital, the time that is considered reasonable would be very short. If your landlord has failed to fix the heat after giving him/her notice of the problem(s), and the problem makes the property uninhabitable (such as extreme cold), you may make the repairs yourself and seek damages form the landlord for those repairs. Generally, you cannot make repairs and then withhold rent, but if the property cannot be lived in without the repairs, courts will allow you to withhold rent. Your other option would be to move out of the property until the heat is fixed and seek damages from the landlord for the cost of living somewhere else temporarily, as long as the costs are reasonable (i.e., you can't stay at an expensive hotel for a week.).
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MacGregor Lyon, LLC is a full service law firm based in Atlanta, Georgia dedicated to serving the needs of its clients. We strive to create value for our clients, focus on relationships, and deliver client results. Our attorneys are competent to handle a wide variety of landlord-tenant issues. Our goal is to zealously serve our clients, while maintaining the highest professional standards. We have a strong personal commitment to the practice of law and to the growth of our firm.
[Note from HandelontheLaw.com: This article is to be used as an educational guide only and should not be interpreted as a legal consultation. Readers of this article are advised to seek an attorney if a legal consultation is needed. Laws may vary by state and are subject to change, thus the accuracy of this information can not be guaranteed. Readers act on this information solely at their own risk. Neither HandelontheLaw.com, or any of its affiliates, shall have any liability stemming from this article.]
