Questions frequently asked by tenants and landlords

- ,\ , .<:<; 5
..- ,c:
Q ESTIONS FREQUENT Y AS~ED'
BY TENANTS
AND LANDLORDS '

EIGHTH EDITION
March 1998

JAN 20 1999

r/"r- /\

C r

'
:

'DaAnRts'

~

~

This booklet was first prepared and published in November of

1985 . This edition was made possible by the Georgia Department' o f

Community Affairs through a contract with the Georgia Legal Se n 'ices

Program. The Department of Community Affairs especially acknowledges

the previous efforts of those who originally developed thi .. hook let and

contributed to its pr ior revisions: The Georgia Housing and F ina nce

Aut hority. Dennis Goldstei n. Mustafa Aziz. Robert Sh ifa lo. Kay Youn c

J



b~

W ill iam Daw kins a nd the State of Georgia Depa rtme nt o f Law.

Copyright 1998, All Rights Reserved Reproduction is Not Prohibited Not for Resale

TABLE OF CONTENTS

Introduction

1

Rental Property Management and the Law

2

Leases and Rental Agreements . . . . . . . . . . . . . . 6

Early Termination and Renewal

10

Security Deposits

17

Rent Payments

23

Repairs and Maintenance

26

Evictions and Dispossessions

.33

Questions Asked About Fair Housing

.39

Additional Resources

.44

INTRODUCTION
This booklet is designed to answer common residential landlordtenant questions. The booklet presents basic landlord-tenant law using accessible language and format. The information in this handbook cannot take the place of professional legal advice. Because the circumstances of each case will be different, the answers are given in general terms. While this publication should be helpful to both landlords and tenants, it should not be used as a substitute for legal representation. Both landlords and tenants should seek legal counsel when needed.
This booklet contains information on Georgia landlord-tenant law as of March 1998 and, as such, may not reflect the current status of Georgia landlord-tenant law. Before relying on the information in this Handbook, the underlying law should be independently researched and analyzed in light of your specific problem and facts. Your public library may have copies of the Official Code of Georgia and, if not, may be able to provide you with where to find such material in your community .
In Georgia, landlord-tenant rights and responsibilities are generally enforced through the courts. There is not an agency which has the power to intervene in a dispute between a landlord and tenant to force one or the other party to behave in any particular manner.
The Georgia Department of Community Affairs contracts with the Georgia Legal Services Program to operate a Landlord-Tenant Hotline which provides general information, simple advice and referrals to callers with residential landlord-tenant questions . This service is available to all Georgians. The Landlord-Tenant Hotline is not a regulatory agency. It does not provide direct intervention or enforcement activity. Nor does it take complaints regarding landlord-tenant disputes.
You can request additional copies of this Handbook by writing the Hotline:
GEORGIA LANDLORD-TENANT HOTLINE P.O. Box 79072
Atlanta, Georgia 30357-7072 404-206-5343 800-369-4706 1

RENTAL PROPERTY MANAGEMENT AND THE LAW
What laws govern the management of residential rental property in Georgia?
The Georgia law which governs the management of residential rental property is contained in the Official Code of Georgia, Title 44, Chapter 7. Georgia law does not regulate the details of the landlord-tenant relationship but it does set forth the general rights and responsibilities of landlords and tenants. Your local public library may have the Official Code of Georgia and, if not, may be able to direct you to such material in your community. Specific federal laws govern a landlord's duty to notify renters of lead paint and to avoid discrimination in housing. Besides federal and state law, the management of residential rental property is regulated by local housing codes. A landlord should contact their local county commission or city hall to find out if their community has a housing code and how it is enforced.
There are real estate licensing laws which apply to persons who manage property for the owner and are not full-time employees of the owner. The Georgia Real Estate Commission is a state agency which licenses real estate agents and brokers. Questions about real estate licensing laws and practices or complaints against licensed real estate agents or brokers , should be directed to the Commission at 404-656-3916.
I rent a room in a house. What are my rights?
Your legal rights depend on whether you are a tenant, guest or boarder. A tenant is one who pays rent for the exclusive right to use the premises , usually for a defined period. A boarder or guest is one who pays a fee for the right to use a room and receive services, generally for a short period of time.
To determine if you are a tenant or boarder the court will look at:
V whether there is a written agreement and if it refers to itself as a lease and to payments as rent;
V the length of time you have lived at the residence; V whether the room is the only residence you have ; 2

v whether you are residing there temporarily;
V how often you pay rent ; daily or monthl y; V whether services such as linen service , switchboard service
and maid service are provided ; V whether you own the furnishings in the room ; V whether the amount you pay includes tax; and V whether the person you pay has a busin ess licens e.
If you are not a tenant but are a guest or boarder, you have limited protection under the law. If the hotel owner or boarding house owners wants a resident to move he need only give notice equal to the time for which the occupancy is paid. For example : if payment is made weekly, one weeks notice to vacate is all that would be requir ed. Howe ver, if payment is past due no notice is required.

Is my landlord required to provide me with a smoke detector?
Only if the county or city in which you live has a building or housing code that requires that every dwelling built after July 1, 1987 have a smoke detector. Not all counties and cities have building codes. To find out if your local code requires smoke detectors contact your fire marshal , local government or code enforcement.

Are landlords required to provide appliances such as refrigerators or stoves for use in their units?
There is no state law requiring landlords to furnish appliances such as refrigerators or stoves . You should check your lease to see if such appliances are part of your lease agreement. It is important to inspect the unit prior to signing a lease to see what appliances are included and to see if they function.

A tenant wants to review the rental file the landlord maintains on the unit. Is the landlord required to allow a tenant to review the rental file?

No , those files are the sole property of the landlord or management

company, and the tenant has no legal right to demand access to these files.

However, if the file is used by the landlord against a tenant in court, the

tenant can access this information through court procedures.

3

Is there a limit on the number of persons who can reside in a one bedroom apartment?
Georgia law does not regulate the number of persons who can reside in a housing unit. However, county or city ordinances would apply and may impose such limits .
Must I inform prospective tenants that my rental property contains lead-based paint?
Yes, federal law requires that most property owners who rent residential property built before 1978 disclose all known lead-based paint and lead-based paint hazards in the home and make available reports on lead present in the home . The lease should reflect that such notice was given and contain a warning of the danger posed by lead paint and lead paint hazards. The landlord should keep copies of such leases for three years to prove compliance with federal law. Landlords must provide each new tenant and each renewing tenant a copy of the EPA pamphlet "Protect Your Family From Lead in Your Home ." Landlords seeking more information or copies of the pamphlet can call the National Lead Information Clearinghouse at 800-424-LEAD .
What information can a landlord request on an application? Can landlords charge an application fee?
Yes, a landlord can charge an application fee. The following information can be requested on a rental application: name, social security number, current landlord's name ; address and phone number, employer's name; address and telephone number, applicant's job title and annual income, employment information going five years back, relative references, identity of nearest relative, release for credit report and signatures of applicants.
I recently inherited property which I do not want to sell at this time. If I decide to rent the property, what will my responsibilities be as a landlord?
If you decide to rent the property, you will be responsible for keeping the unit in safe and habitable condition, making repairs , selecting tenants and collecting rent from tenants . Once a property is leased, the tenant has a right to use, occupy and enjoy the premises in accordance with the 4

lease or rental agreement. A written lease which clearly sets out the duties of both the landlord and the tenant provides the best protection for both parties. Your actions as a landlord are controlled by the terms of the lease and applicable federal, state and local law. There are a variety of books available at book stores and libraries which describe in general terms the advantages and disadvantages of becoming a landlord. You might also wish to consult with an attorney or real estate agent , experienced in managing rental property, for help in drawing up a lease and understanding a landlord's rights and responsibilities.
I own six (6) houses which I rent. It seems someone is calling all the time about repairs. I want to continue to rent the property but I am tired of managing it by myself. What kind of professional is best suited to help me?
A licensed real estate agent with experience in rental property management would have the experience and training considered most desirable to help you. Under Georgia law, any person who manages property must have a Georgia real estate license unless that person is the owner of the property ; a full-time employee of the owner; or, if the owner is a limited partnership, the general partner of that limited partnership. While property management tasks may be delegated to licensees or employees affiliated with a broker, it is the real estate broker who would be officially designated as the owner's agent. Property management generally includes leasing, collecting rent, keeping records , making repairs , and carrying out preventive maintenance.
I own a six unit residential apartment building which I rent. There is a parking lot with designated parking places. Unauthorized persons are parking in the lot. Can I have those cars towed?
If you own the parking lot and have posted notice, you can have the unauthorized cars removed. The notice must be visible and state that unauthorized vehicles may be removed at the cost of the owner and where the towed vehicle can be recovered. You must use a towing and storage firm with a Public Service Commission permit and licensed by your local government. The towing and storage firm must also have a secured impoundment lot.
5

LEASES AND RENTAL AGREEMENTS
What is a lease and why is it important?
A lease is a contract between the landlord and the tenant. The lease sets forth the rights and responsibilities of both the landlord and the tenant. The lease allows the tenant to occupy and use, for a specific period of time , land and permanently affixed structures on that land. In return, the tenant generall y pays a specified rent. The lease may set forth other duties and responsibilities of the landlord and tenant. Once the parties sign the lease both are bound by its terms. Landlords should select their leases with care. Before selecting a lease, a landlord may wish to consult with an attorney who regularly handles landlord and tenant matters.
What should a lease contain?
The most important document is the lease between the landlord and tenant. The lease is a contract. Unless the lease contains illegal provisions, a court will require the landlord or tenant to do what the language of the lease provides. The answer to most landlord-tenant questions can be found in the lease between the parties. A comprehensive lease should include the following:
V Names of the tenant, the landlord or the landlord's agent and the person or company authorized to manage the property.
V A description of the rental unit, identifying the appliances included in the unit and the heat and cooling source.
V The amount of rent and the date it is due, including any grace period, late charges or return check fee charges.
V How rent is to be delivered to the landlord and whether by check, money order or cash.
V Methods to terminate the agreement prior to the expiration date and what, if any, charges will be imposed.
V The amount of the security deposit and the account where it is held.
V Utilities furnished by the landlord and, if the landlord charges for such utilities, how the charge will be determined.
V Amenities/facilities which the tenant is entitled to use such as swimming pool, laundry or security systems.
6

v Rules and regulations such as pet rules, noise rules and
whether or not breaking such rules can be grounds for eviction. V Identification of parking available, including designated parking spaces, if provided. V Pest control, if provided, and how often. V How tenant repair requests are handled and procedures for emergency requests.
What are the advantages and disadvantages of a written lease?
The advantages of a written lease are generally considered to be certainty and clarity. The lease sets the rent for the lease term. Unless the language of the lease states otherwise, rent can not be increased during the lease term. A lease spells out the obligations of the tenant and landlord. If there are any disputes between the tenant and the landlord, the lease represents what was agreed upon by the parties. Where there is not a written lease, there are often misunderstandings between the tenant and landlord.
The primary disadvantage of a lease is that it binds the tenant to the premises for a specified amount of time. Therefore, if you are planning to live in the unit for a very short period of time , you may not want a lease. Leases can be made for any length of time , so you could ask the landlord if the lease could be written for the time period you expect to live in the unit. Alternatively, if you may have to move due to a job transfer during the term of the lease, you can ask that the lease include a provision allowing the tenant to terminate without penalty due to employment reasons. Similarly, if you intend to buy a house during the rental period you may ask that the lease include a provision allowing you to terminate without penalty upon closing on a home. Georgia law does not allow a tenant to break a lease because they are buying a home or being transferred by their employer.
Does a tenant have any rights when there is not a written lease?
A tenant who occupies rental property with the landlord's consent and makes rent payments without a written lease is called a "tenant-atwill." Georgia landlord-tenant law, including eviction laws and security deposits laws, still applies. A tenant-at-will has the right to occupy and use
7

the rented premises subject to any restrictions upon which the landlord and the tenant have agreed.
Because there is not a written lease, Georgia law regulates the type of notice which a tenant-at-will and the landlord of the tenant-at-will must give to terminate or change the original rental agreement. A tenant must give thirty (30) days notice to the landlord to terminate or change the original agreement. A landlord who has a tenant-at-will must give sixty (60) days notice to the tenant before seeking to terminate the agreement or change any term of the original agreement. This means the landlord must give a tenant-at-will sixty (60) days notice before imposing a rent increase. To protect your legal rights any and all notices should be in writing. When a tenant-at-will fails to pay rent the landlord is not required to give the sixty days notice before terminating the tenancy. If the tenant-at-will fails to pay rent, the landlord can demand possession and immediately file a dispossessory warrant seeking possession in court.

Aren't all leases "standard"? What difference does it make whether the tenant reads the lease before signing it?

Although many leases are similar, there is no such thing as a "standard" lease provided or approved by any public agency or court. Lease agreements differ from landlord to landlord. Therefore, it is very important to read the lease carefully before signing it. The lease is a legal document which defines the relationship between the landlord and the tenant. Both the landlord and the tenant will be held to the language of the lease.

If there are provisions in the lease which you do not understand , get help. Ask someone you trust to explain what the language means. Be careful of lease terms which provide for the following:

Automatic renewal of the lease for a specified time;

An extremely long lease term with penalties for early termination;

Automatic rent increases during the lease term;

References to rules which are not provided to you;

Any attempt by the landlord to make you responsible for repairs ;

Leases which provide that the tenant pays the landlord directly for

8

utilities rather than being billed by the utility provider ;

Provisions which require the tenant to pay the landlord's attorney fees if a landlord hires an attorney to enforce the lease, unless the provision also makes the landlord responsible for the tenant's attorney's fees;
Lease terms which claim that the landlord can evict you without going through the dispossessory process; and
Lease terms requiring the tenant to have renter's insurance.
Before a lease is signed, a tenant may request changes to the lease. Some landlords will agree to the changes. Others will not. Even if the landlord will not alter a lease, the tenant needs to read it to decide whether or not to sign. If signed, both the landlord and tenant will be required to comply with the lease.

When should the tenant expect to get a copy of the lease?
It is a good idea to get a copy of the lease before signing so that you will have a chance to review it. A tenant should be given a copy of the lease and any rules or regulations referred to in the lease after both the landlord and tenant have signed. If the landlord does not voluntarily give the tenant a copy of the lease and rules and regulations, the tenant should request a copy in writing. Since the lease spells out the tenant's and landlord's responsibilities, it is important for both parties to have a copy of the lease to answer any questions. Keep your lease in a safe place.

The resident management of my apartment complex refuses to provide me with the name and address of the property owner. How can I find out the name and address of the property owner?

At the time you signed your lease you should have been given the name and address of the owner of the property or his authorized agent for purposes of receiving lawsuits and other legally required notices. The tenant should also be given the name and address of the person authorized to manage the property.

After signing the lease, if there is a change in the designated indi-

viduals or their name or address the landlord should give notice to the ten-

ant within thirty days of the change. Such notice may be sent to each indi-

vidual tenant or posted in an obvious place such as the complex office or

the community bulletin board.

9

LEASE TERMINATION AND RENEWAL
Is there a seventy-two (72) hour period after signing my lease during which I can change my mind and get out of the lease?
No, there is not a "cooling off' period allowed in Georgia landlord tenant law which would enable you to change your mind after signing a lease. If you decide not to move into the unit after signing the lease the landlord may impose early termination penalties against you. You should read your lease carefully and thoroughly inspect the unit before signing the lease.
My lease is not up for another six months. I am being transferred by my company. What can I do to terminate the lease? What penalties are involved?
The answer to this question will be found in your lease. First, read the lease carefully. Your ability to get out of the lease depends on the language of your lease and the willingness of the landlord to allow you to terminate the lease early. There may be a provision which allows for termination prior to the lease term's expiration. If so, you will need to follow the terms of that lease provision. For example, you may be required to give thirty (30) days notice and to forfeit your security deposit. Some leases impose additional penalties for early termination and require longer notice periods. You are responsible for paying rent during the notice period. Your lease is not terminated until the notice period expires.
If there is not an early termination provision in your lease, a tenant can be held responsible for all the rent remaining under the lease. The landlord is required to mitigate any damages by re-renting the premises. If the landlord does re-rent the property, any rent collected must be deducted from the original tenant's liability. For example, if a tenant terminates a twelve month lease after six months, the tenant can be held responsible for the six months rent remaining under the lease. If the landlord rents the unit to someone else after four months, the tenant is only responsible for the four months rent while the unit was vacant. However, if your lease had an early termination penalty provision, you would have to pay the designated penalty even if the unit was immediately re-rented or if it was vacant for six months.
10

Some landlords may release you from the lease if you find an acceptable person to assume the lease. Some landlords will allow you to rent to another, called subletting. The landlord may refuse to allow you to do this. If your landlord agrees to allow you to terminate early, be sure to get in writing any agreement as to penalties or future rent owed.
I am a tenant who is in active military service and live in off-base rental housing. My lease is for one year and is renewable. I have received permanent change of station orders. How much notice must I give the landlord before moving?
If a tenant is on active military duty and receives either permanent change of station orders or temporary duty orders in excess of three months, the tenant is liable for no more than thirty (30) days rent after the date he provides written notice and proof of assignment to the landlord . The tenant will still be liable for any damages above ordinary wear and tear. The landlord must still abide by the laws related to security deposits and move out inspections.
When the lease has "expired" but the landlord has continued to take rental payments, what rights does a tenant have?
The tenant needs to read the "expired" lease carefully, especially the language on renewal or extension. The language of the lease will control. Generally, where the lease requires a renewal (a new contract) at end of the term, and the term ends without such a renewal , the tenancy has terminated . However, if the landlord has accepted rental and permitted the I tenant to remain , a tenancy-at-will has been created . The terms of the originallease would still apply except as to notice to vacate or change the lease terms which would remain 60 days for the landlord and 30 days for the tenant.
If the language of the lease says that after expiration of the original term the parties have the right to extend under the same terms, acceptance of rent by the landlord extends the lease and all its terms including length of tenancy. In such a case no tenancy-at-will is created .
11

I notified my landlord that I would be terminating the lease early. According to the lease, I must pay the equivalent of one month's rent in order to terminate the lease early. Am I required to pay the early termination fee even if the landlord did not lose a month's rent?
Where the lease identifies an amount that must be paid if the lease is terminated before it expires, a tenant can be charged that amount. If the parties to a contract, such as a lease , agree what the damages for early termination shall be, the damages are said to be liquidated. Both parties are bound by the liquidated damage provision in the lease. Thus , the tenant would probably be required to pay the early termination fee. If the early termination penalty is unreasonable, the tenant should consider contacting an attorney.
I have received notice that my landlord is not going to renew my lease. According to the terms of the lease, the landlord must provide a thirty (30) day notice that the lease will not be renewed. The notice from the landlord is dated the first of the month, but I did not receive the notice from the landlord until the 10th ofthe month. Does the required thirty day notice provision start from the first of the month or the 10th of the month? Does the landlord have to give me a reason for not renewing my lease?
When a lease requires the giving of a written notice, the notice is effective upon its rece ipt. Thus , in this case, the thirty day notice starts to run from the 10th of the month. A private landlord is not required to give a reason for refusing to renew a lease unless the lease so requires. A private landlord merely has to give the tenant notice of non-renewal as required under the lease. If there is no written lease , the landlord has to give the tenant sixty (60) days notice to terminate the tenancy.
My apartment owner failed to make mortgage payments and the property has been foreclosed, what will happen?
A tenant who remains on rental property after the owner, who is his landlord, has been foreclosed upon becomes a tenant at sufferance. The lease between the tenant and the original owner/landlord is terminable by the purchaser. If the purchaser wants the tenants to vacate, he must first demand possession of the property and, if refused, file a dispossessory warrant. The purchaser can choose to become a landlord, either by offering a 12

new lease or accepting payment under the prior agreement. A purchaser at foreclosure who accepts rent from existing tenants has entered into a tenancy-at-will which can be terminated with sixty (60) days notice and which the tenant can terminate with thirty (30) days notice.
A tenant residing in a foreclosed upon property should attempt to contact the new owner or the attorney handling the foreclosure to ascertain if their tenancy will continue. If a tenant does not receive assurances of continued tenancy from the foreclosure attorney or the purchaser, the tenant may argue that the lease was terminated by the foreclosure.
The apartment complex where I live changed owners last month. The new owners have notified all tenants that the old leases are cancelled and have given us new leases to sign within thirty (30) days or we must vacate the units. The new leases have higher rents and different rules. I had five more months on myoid lease. Can the new owners do this?
A person who buys rental property does so subject to any existing leases with current tenants . This means that the new owner has purchased your lease and must abide by your lease's terms . Any change or modification to the existing leases, which the new owner wishes to make, must be done in accordance with the terms of the existing leases . Unless the existing leases contain provisions allowing the owner to terminate or modify, they may not be changed prior to their expiration. If you want to remain a tenant under your lease, you should notify the new owner in writing that you expect him to honor your current lease.
The new owner's cancellation may constitute a breach of the lease . The tenants can challenge this cancellation in court . On the other hand, the tenant can consider the new leases an offer of new tenancy and agree to the terms and conditions of the new lease by signing it. If signed, the new lease will control the terms of the new landlord tenant relationship.
My lease expired two months ago, the landlord allowed me to continue at the same rent without signing a new lease. Now, the landlord has decided that I must sign a new lease with a higher rent or move out. The landlord gave me only two weeks notice to decide. What does the law say about this situation?
13

Since the landlord accepted rent after the original lease expired, a tenancy-at-will was created. The tenant continues to occupy the unit under the same tenus and conditions as in the expired lease. However, with a tenant-at-will, the landlord must give a sixty (60) day notice prior to any change in the tenancy, including increasing rent, an offer of a new lease, or termination of the rental arrangement. The landlord is not required to give this notice in writing unless the lease so provides. It is better practice however to provide written notice since the document offers some tangible evidence that notice was given. Likewise, the tenant must provide a thirty (30) day notice to the landlord if the tenant wants to terminate the tenancy. In this case, the landlord should have given the tenant sixty days to sign the new lease.
Is my landlord allowed to enter the apartment without notifying me first? Can my apartment be shown to prospective tenants during the last month of my occupancy without my permission?
A lease gives the tenant a right to the exclusive use of the lease premises. Unless the lease otherwise allows , the landlord can only enter the property, if such entry is necessary to cure a dangerous condition , prevent destruction or respond to a bona fide emergency on the premises . There is no legal requirement that a landlord notify a tenant prior to making entry under the above circumstances.
You should check your lease to see if there are any provisions related to the landlord's right to show the apartment. If the lease does not state that the landlord can enter the apartment, a tenant could legally refuse the landlord access . However, it is best for the landlord and tenant to discuss the matter and reach a mutually acceptable accommodation. Notification requirements and entry provisions should be included in each lease. A reasonable accommodation might be for the landlord to provide advance notice, such as twenty-four (24) hours before entering the apartment.
My roommate and I both signed a lease but she has moved out. Can I get out of the lease?
Generally, if you signed a lease with your roommate, the apartment complex can hold each of you liable for the rent. The apartment complex will expect to receive the full monthly rent and, since you are living in the unit, will hold you responsible for payment. 14

-
If both you and your roommate signed the lease, the apartment complex can seek full payment from either of you. Howe ver, the apartment complex can only collect the full amount from one of you. You may wish to contact the apartment manager and agree to pay a portion of the charges to be released from liability for the entire amount.
I have decided to remodel my apartments and rent the units to a higher income market. How much notice to vacate must I give the tenants so that I can remodel the units as quickly as possible?
The length of the termination notice depends on whether or not you have a lease with the tenants. If you do have a lease, its provisions for termination would apply. For example, a thirty (30) day notice to vacate would be appropriate only if the lease specifically provided for a thirty (30) day termination notice . If there is not a termination provision in the lease you must wait until the lease expires. If there is no lease, the landlord must give the tenant-at-will a sixty (60) day termination notice .
My lease will expire in two months. I want to stay in the same apartment. What should I do?
First, you need to read your lease paying special attention to paragraphs which discuss renewal , extension or expiration of the tenancy. If your lease does not answer your question, contact your landlord and discuss the matter with him or her. If you and the landlord cannot reach an agreement on a new lease, you should plan on moving when your lease ends. At the end of a lease term a landlord can choose not to renew the existing lease or can offer the tenant a new lease with different terms, including an increase in rent. Georgia law does not limit the amount of rent a landlord can charge or the amount by which rent can be increased .
If you remain in your unit after your lease expires , the landlord can require that you immediately sign a new lease with new terms or vacate. It is best to negotiate your new lease before your old lease expires .
15

I have a one year lease which prohibits pets. I am six months into my lease. For the past three months, I have kept a dog in my apartment. The landlord was aware that I brought a dog into the apartment and, initially, told me it was all right. Last week I received a letter from my landlord giving me thirty days to get rid of my dog and reminding me that the lease prohibits pets. Do I have to get rid of my dog?
Yes, the fact that your landlord chose to allow you to have a dog and not enforce the lease term prohibiting pets does not mean that the landlord can never enforce the lease term, To enforce the suspended lease term the landlord needs to give notice that he wants you to comply with the lease term. If you do not comply, your landlord can terminate your lease and file a dispossessory affidavit.
16

SECURITY DEPOSITS
What is a security deposit and why do I have to pay it?
A security deposit is money paid by the tenant to the landlord. The deposit protects the landlord if the tenant vacates without making required payments or damages the unit. If the tenant gives proper notice and vacates without owing any rent or damages, the landlord must return the security deposit to the tenant within thirty (30) days . All landlords, regardless of the number of units they own, must return the security deposit within thirty (30) days after the termination of the lease or the surrender and acceptance of the premises, whichever occurs later. If the landlord is retaining all or part of the security deposit, a statement specifying the exact reasons why the security deposit is being retained must be sent within the thirty (30) day period.
What do I need to know about security deposits before I sign a lease?
Georgia law establishes an inspection procedure, the purpose of which is for the landlord and tenant to agree on the pre-occupancy condition of the rental unit. Georgia law requires that before the tenant pays a security deposit and moves into the rental unit the landlord must give the tenant a complete list of any existing damages to the premises signed by the landlord. The list should also contain a written notice of the tenant's duty to sign or object to the list. The tenant is to be afforded an opportunity to inspect the rental unit to determine if the list is accurate or if additional defects need to be added to the list. The tenant must sign the list or specify in writing on the list the items in dispute and then sign .
The move-in inspection discussed applies to landlords who collectively own more than ten (10) rental units including units owned by their spouse and children or who employ a management agent regardless of the number of units owned. Landlords who own fewer than ten (10) units or who manage the units themselves are not required to follow the inspection procedures but may find it helpful in establishing repair needs and responsibilities.
17

What do I need to do at the end of the tenancy?
Within three (3) business days after the termination of the lease or the surrender and acceptance of the premises, whichever occurs later, the landlord must inspect the unit and prepare a comprehensive list of damages. The landlord must sign the list and provide it to the tenant. The tenant is entitled to inspect the premises within five (5) business days after the termination of occupancy. The tenant must sign the move-out inspection list or specify in writing the items in dispute .
The move-out inspection discussed applies to landlords who collectively own more than ten (10) rental units including units owned by their spouse and children or who employ a management agent regardless of the number of units owned . Landlords who own fewer than ten (10) units or who manage the units themselves are not required to follow the inspection procedures but may find it helpful in establishing repair needs and responsibilities .
As a landlord what can I deduct from a tenant's security deposit?
All or part of the security deposit may be retained by the landlord to compensate for physical damage caused to the premises by the tenant or members of the tenant's household, pets or guests. A landlord cannot retain a security deposit to cover normal wear and tear. A landlord can also deduct from the security deposit unpaid rent, late charges , unpaid utilities which the tenant is responsible for under the terms of the lease or for actual damages caused by the tenant's breach of the lease or rental agreement.
I am a landlord who rents two homes. I do not employ a management agent. My tenants moved out, how do I return the security deposit?
The security deposit and any statement which accompanies it shall be sent to the last known address of the tenant. Ifit is returned as undeliverable and the landlord is unable to locate the tenant after a reasonable effort, the security deposit becomes the property of the landlord ninety (90) days after it was mailed.
18

Is a landlord required to give the tenant the interest earned on the security deposit?
No. Georgia law does not require the landlord to place the security deposit in an interest bearing account nor does the law require that any interest that is earned be paid to the tenant. However, the tenant and landlord may agree that the landlord will provide interest earned on the security deposit and, if agreed upon, this should be reflected in the lease.
What is the landlord required to do with the security deposit?
A landlord who owns more than ten (10) rental units, including units owned by their spouse and children, or who employ a management agent, regardless of the number of units owned , must give the tenant written notice of the location and number of the account in which the security deposit is held . As a substitute for having an escrow account, the landlord may post a $50,000 bond with the superior court clerk of the county in which the rental property is located.
What happens to the security deposit when an apartment complex changes owners?
The former owner is responsible for making appropriate arrangements for the security depos it. The security depos it may be transferred to the new owner, making the new owner responsible, or the prior owner may refund the security deposit to the tenant. If the former owner fails to take either of these actions , the tenant has a legal action against the prior owner. A tenant should write to the former owner and the current owner requesting information on the security deposit.
What other types of deposits may be required by the landlord?
In addition to the security deposit, the landlord may require an application fee, cleaning fee, pet deposit and an advance rent deposit. 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. Refundable pet deposits and advance rent deposits are considered a securit y deposit under the Georgia law.
19

Application fees or deposits to hold an apartment until you actually sign a lease are not considered security deposits under Georgia law and are usually not refundable, should you choose not to move into the unit. You should ask if the holding deposit or application fee will be applied to your first months rent or security deposit if you sign a lease and move in.
Always get a receipt for any deposit or fee that you pay. If the fee is refundable, ask the landlord to put this information on the receipt.
If an individual pays a security deposit on an apartment and the application is rejected, how long does the person receiving the security deposit have to return the funds?
If the amount paid was for a security deposit, Georgia law requires it to be returned thirty (30) days from the date the tenant vacates. Thus, the landlord may have a duty to return the security deposit within thirty (30) days after an application is rejected .
If the amount paid was a holding deposit or fee, it would be refundable under the terms which the tenant and landlord discussed at the time of payment. The Georgia landlord tenant law does not directly address reimbursement of such deposits. It is possible that the holding deposit would not be refundable. The answer would depend on the agreement between you and the landlord at the time of payment.
Always get a receipt for any deposit or fee that you pay. If the fee is refundable, ask the landlord to put this information on the receipt.
What happens if the landlord refuses to refund the security deposit even though the tenant satisfied the conditions for refunding the security deposit?
If the landlord unlawfully refuses to refund the security deposit, the tenant may bring a claim for those monies in the magistrate court or state court where the landlord resides or otherwise has designated a person as his agent of service. A landlord who owns more than ten (10) units or uses a
20

third party to manage the units can be liable for three times the amount of the improperly withheld security deposit plus atto rney fees. The landlord may not have to pay treble damage s if, the landlord shows that the with holding was not intentional and resulted from an error which occ urred in spite of procedure s reasonably designed to avoid such an error.
My fr iend was visiting and accidently burned a hole in the carpet with a cigarette . T he landlor d says I am responsible for the cost of the repairs and that it will be deducted from my secu ri ty deposit. Can the landlor d do this? How does a tenant kno w if the landlord is charging a reasonable amo unt for the repairs?
The tenant is responsible for damages to the premises caused by the tenant and the tena nt's household members, guests and visitors. The landlord can either deduct the charges from your secur ity deposi t when you move out or can present you with a bill at the tim e the repairs are made.
To determin e the reasonableness of the charges, you could talk with reliable sources in the repair business and get estimates from them to compare to the amount charged by the landlord .
When I moved into the apartment, two windows did not ha ve screens and two other screens were ri pped. Aft er I va cat ed the apartm ent, I received a letter fro m the management company saying the y were going to dedu ct th e cost of the screens fr om the security deposit. Can they deduct this cost from the security depos it?
Generally, the tenant is not responsible for defects that existed before the tenant occupied the pre mises. The purp ose of a move-in inspection is to determine any defects before the tenant move s in. If you signed the move-in inspection list and failed to identify the missing and tom screens, you can be charged for the replacement and repair of those screens. The move-in list is conclus ive as to the condition of the apartment at the time you moved in. If you noted the condition of the screens on the list at the time of the inspection, the cost of the repair should not be ded ucted from your security deposit.
21

I made an application to move into an apartment an d gave the manager $100 as a dep osit to hold th e ap artment. I have decided that I do not want the apartment. Does the landlor d have to refund th e deposit?
No, the landl ord does not have to refund this deposit unless othe rwise agreed upon by you and the landlo rd. The purpose of this deposit was to have the landlord take the pro perty off the market while you decided whether or not to rent it. For this reason, it is usually not refundable. It is important any time you pay money to a land lord to get a written statement of the amount paid and under what circ umstances it will be refunded to you .
My form er landlor d sent me a letter sayin g th at l owed $500. I wrote the landlord stating that I disagreed with this sta tement. The landlord has now turned the matter over to a collect ion agency. What do I do?
If the landlord has turned the debt over to a collection agency you can write to the landl ord disp uting the debt and write to the credit bureau disputing the debt, informing them that the information given them by the landlord is incorrect. It may be helpful to send the credit agency a copy of any inspection lists or other letters that you wrote to your landlord concerning this debt.
Unde r the Fair Credit Reporting Act, a person may have incorrect or incomplete information corrected without charge. If a tena nt disputes information in their credit report, the cred it bureau must reinvestigate it within a reaso nabl e period of time unless it believes that the dispute is irrelevant or frivolous. If after reinve stigation a dis puted item is found to be inaccurate or can no longer be ve rified, the credit bureau must delete it. If the reinvestigation does not resolve the dispute the tenant may file a statement of up to one hundred (100) words with the credit bureau. This statement becomes part of the credit report unless the credit bureau has reasonable grounds to believe it is frivolous or irrelevant.
22

RENT PAYMENTS AND OTHER CHARGE S
Can a landlord charge different re nts for the same typ e of unit?
A landlord can charge different rates for identical apartment units if both the landlord and the tenant agree to the rental rate. However, the landlord cannot base the difference in rent on the tenant's race, color, religion, sex, national origin, disability or family status . Also, a landlord may not advertise rates at a certain rent level only to rent them at a higher rate.
How often can a private landlord r aise the ren t in a year ? Is th ere a limit on how much rent can be raised each time an increase is made? What protection do re nters have against rent increases?
The answers to these questions will be found in your lease. If there is a lease, rent can only be increased as allowed under the terms of the lease. The lease determines whether or not and how often the landlord can raise the rent. If the tenant does not have a lease, the landlord must give a sixty (60) day notice of any rent increase. Such increase may occur as frequently as the landlord desires as long as the sixty (60) day notice is given. The best protection against rent increases is a long term lease that prohibits or restricts rent increases during its term. When a lease expires, the landlord can offer a new lease at an increased rent without prior notice.
My rent check for $500 was returned by the bank for insufficient funds. My landlord wants to charge me a $25 fee and $300 to cover the fees he incurred beca use my check bounced. Is this right?
Yes, Georgia law provides that any person, including landlords , who receive "bad checks" can demand, by certified mail, payment in cash within ten days from receipt. If your rent check was refused by the bank due to a lack of funds , your landlord can charge a returned check fee and charge you for damages. If you do not pay the charges, your landlord can sue you to recover the fee and damages. The service charge for the returned check may not exceed $25 or 5% of the amount of the check, whichever is greater. The landlord can recover up to doubl e the amount of the check for damages he suffered, but no more than $500 . Additionally, if the check was written with the knowledge that it would not be honored by the bank, the check writer could face criminal prosecution.
23

The landlord will not accept only half of the rent. Why not?
Under most rental agreements and leases, the tenant agrees to pay a specified amount of rent on a certain date. Failure of the tenant to comply with such provisions amounts to a breach of the lease. Consequently, the landlord is not required to accept a portion of the rent unless the landlord has established a pattern and practice of doing so. If the landlord has accepted partial payments in the past, he can not refuse partial payments without first giving notice that he will only accept full payment. If the landlord does accept the rent in the reduced amount due to needed repairs, the tenant should get a memo from the landlord showing the rent for the month is considered "paid in full".
I paid the rent on the 5th of the month. The manager charged me a $15.00 late fee. Is there a grace period under Georgia law? What is it?
The date the rent is due should be stated in your lease or agreed upon by the landlord and tenant. There is no law which specifies any grace period or designates a rent due date. Rather, a grace period is a matter of agreement between the landlord and tenant. It allows the tenant extra time in which to pay the rent without breaching the lease or rental agreement. The landlord and tenant may agree to any grace period they choose or they can agree not to have a grace period . In addition, a grace period may be created based on the landlord's conduct of accepting late rent over the course of several months without charging a penalty.
If a tenant fails to pay the rent by the required date, including the time allowed for a grace period, the landlord may charge a late fee if the late fee is provided for in the lease. If the lease does not allow for a late fee, the landlord is not allowed to impose such a fee. The amount of the late fee will be the amount agreed upon by the landlord and tenant in the lease itself.
My landlord gave me notice that his records show that I did not pay rent for July; it is now October. I paid rent for August, September and October and my landlord never mentioned that lowed him back rent. Can my landlord evict me now because he claims I didn't pay July rent?
24

If you can find proof that you paid July's rent (cancelled check or money order receipt), you should provide copies to your landlord, along with a letter explaining your position. If your landlord remains convinced that you did 'not pay July's rent, he may be able to sue you to collect the money but cannot seek to evict you because of nonpayment. Your landlord's acceptance of rent in August, September and October prevents your landlord from seeking to evict you for a failure to pay July rent. Your landlord can sue you in magistrate court to collect the amount of July's rent but he cannot sue to make you move through the dispossessory process.
25

REPAIRS AND MAINTENANCE
My lease agreement says that the tenant is responsible for all repairs. Does the landlord not have a responsibility for repairs?
The landlord has a responsibility to keep the rental property in repair. The lease should not require the tenant to make repairs or waive the landlord's responsibility for maintaining the property. Any lease provision which makes the tenant responsible for repairs is challengeable under Georgia law. The landlord is responsible for keeping the building structure, roof, heating and plumbing operational. A landlord is further responsible for meeting all local ordinances and minimum safety standards. This duty to repair does not includ e damages caused by the tenant, the tenant's household members , guests, or visitors. Before a landlord can be required to make a repair he must be given notice of the defect. The tenant should give the landlord written dated notice of the problem needing repair. The tenant should keep a copy as a record of notific ation . .
The landlord promised to replace the carpet before I moved in. I have been living here for three (3) months. Now the landlord says that there was no agreement to replace the carpet and that he does not intend to replace it. What can I do?
The landlord may be responsible for fulfilling a verbal promise to replace the carpet. You would have to go to court, prove the promise was made and ask the court to enforce the promise. If there are no witnesses to the verbal agreement, and the landlord denies it, your ability to enforce the promise may depend on whether a judge believes you or your landlord. The better way to handle this type of situation is to have a written agreement as to any changes to be made . The landlord will be less likely to deny making such promises when they are in writing.
I spoke to my landlord over a month ago about repairing a leak in the kitchen, but it still has not been done. What can a tenant do to force a landlord to make repairs?
First, you must notify the landlord of the condition needing repair. It is best to give a written, dated notice informing the landlord of the problem and keep a copy for yourself. Written notice provides tangible evi26

dence that the landlord was aware of the need for the repair. If it is not possible to give written notice, verbal notice is acceptable unless the lease requires written notice. Be sure the lease provision for notice is followed. If your landlord fails to make the requested repairs within a reasonable time after written notice, you may want to consider using "repair and deduct." In determining what is a reasonable time consider the seriousness of the condition and the nature of the repair.
When the landlord fails to respond to repair requests, the tenant can arrange to have the required repairs done by a competent repair person at a reasonable cost. The tenant should keep copies of all repair receipts and ask the repair person for a statement detailing the work performed and the problem corrected. Keep copies of this information. You may deduct these repair costs from your future rent by sending copies of the repair receipts along with the remaining amount of rent due to your landlord.
It is a good idea to notify the landlord in writing that you plan to use the "repair and deduct" remedy before you arrange for the repairs to be done. Written notice is the best notice. There are additional remedies which are risky to pursue without legal counsel. If you do not feel that "repair and deduct " will address your issue, you should consider contacting an attorney for more detailed information.
You may also wish to contact the local county code inspector if you are in a city, town or county with a housing, building, or health and safety code . A landlord must comply with applicable local housing codes. If you are unaware whether or not your area has such codes, call the city hall or county courthouse and ask for the building inspector or the code enforcement office.
My lease specifically requires the landlord to provide air conditioning during the summer. It has been out of order for six weeks. I am paying for a service that is not being provided as specified. Can I get an adjustment on the rent.
Unless found in the local ordinance, air conditioning is not a service commonly found under the landlord's duty to repair. Because your lease specifies air conditioning will be provided, you can use "repair and deduct." You shoul d first notify the landlord that the air conditioning is out
27

of order, preferably in writing. If the landlord fails to repair within a reasonable amount of time, you can then pay a competent repair person for the repair and then dedu ct that money from your future rent.
The roof on my unit is leaki ng badly. I notified the landlord and it was fixed but it took about three weeks to hav e the repair s completed. During that time, I did not have use of the room whe re the leak occurred . Shouldn't the landlor d reduce the rent to compensate me for the time I could not use that room? What if fu rniture or persona l belongings were damaged?
Under certa in circumstances a tenant may be entitled to a reduction of rent by the diminished value of the premises due to need for repairs. Such a claim is best brought with the advice and guidance of an attorne y. Generally, a landlord will not be required to compensate a tenant for the temporary loss of a portio n of the premises. This should not prevent the tenant from approaching the landlord about the loss and inconvenience experience. The tenant should try to negotiate compensation for the loss. While the law may not require the landlord to compensate you, the apartment complex is a business and you are its custo mer. A well run apartment complex would want to maintain good tenant relations and ensure that you will want to remain there when your current lease expire s. It is usually more successful for a tenant to negotiate for a future rent credit, then to ask the landlord to pay cash out of pocket. Use common sense and reasonableness when approaching the landlord. For example, was the room involved the kitchen or the only bathroom, both of which are essential for health or safety reason s? Or, was it a spare bedroom or storage area that is not significantly used each day?
The landl ord is responsible for making repairs within a reasonab le time after being notified of the need for the repair. If the landlord undertook and completed roof repairs within a reasonable time after notice, the landlord has fulfilled his repair responsibilities and compensation to the tenant for the loss of the room is unlikely. However, if the landlord unreasonably delayed in undertaking the repair s and the tenant suffered a loss due to the delay, the tenant may have a claim against the landlord for damages to personal property caused by the delay in repair.
28

I do not have a written lease agreement but I am renting an apartment month-to-month. The landlord is refusing to make repairs. Should I expect the landlord to repair the leaky roof and plumbing?
Yes, regardless of whether or not you have a written lease, your landlord is obligated under state law to make repairs. A tenant-at-will has the right to use "repair and deduct" but should keep in mind that their lease can be terminated with sixty (60) days notice. A tenant-at-will would not be wise to spend on repairs more than he can deduct in sixty (60) days.
Is pest control part of the maintenance responsibilities of the landlord?
No, unless your rental agreement provides that the landlord will supply pest control services. The lease should be read to see if pest control is specified as the responsibility of the landlord. If it is not in the lease, pest control may not be required of the landlord unless local housing or health codes require this. If the pest problem in the apartment is severe, the landlord may be required to address the problem because the property's condition violates local health and safety ordinances .
My landlord will not repair a broken parking lot light. I am concerned about my safety. What can I do to force the landlord to make this repair?
Your landlord is obligated to keep the premises in repair under Georgia law. You need to give written notice of the problem to both the local property manager and the owner pointing out that you are worried about your safety because of the defect. If a landlord has knowledge of unsafe conditions and does not repair, the landlord may be liable if someone is injured as a result of the danger. You should state how you want the landlord to remedy the situation. You should keep a copy of this letter for your own records. Beyond notifying your landlord, your options are limited. "Repair and deduct" would not be an appropriate remedy since you cannot authorize repairs on the common areas of the apartment. If you are living in a locality with a housing code, one option would be to complain to the building inspector or code enforcement officials at your city hall or county courthouse.
29

A tenant of mine changed the locks on the unit without my permission and will not give me a set of keys. The locks were not broken. What can I do to force the tenant to give me the keys?
Unless the lease prohibits the tenant from changing the locks without permission, the tenant is permitted to do so. Unless the lease states that the tenant must give the landlord a key, the tenant is not obligated to do so. When the tenant vacates the premises, the tenant either has to turn over the new keys or restore the lock box to its original condition and return the appropriate keys. If the tenant neither turns over the keys nor restores the lock, the landlord may deduct the cost of replacing the lock from the security deposit and notify the tenant that this deduction will be made.
One of my tenants has re-wallpapered a bathroom and did a very poor job. The tenant did not ask my permission. Can a tenant make changes to rental property without the landlord's permission? What remedy does a landlord have if the change is made? Can the landlord withhold a portion of the security deposit when the tenant leaves in order to return the unit to its original state?
As a general rule , a tenant is prohibited from substantially altering leased premises without the landlord's consent. A tenant may make minor alterations to the premises. Determining what may be a "minor" alteration is often difficult. It is best for a tenant to get written approval from the landlord before altering the rental property.
A tenant is required to return the premises in the same condition as when received, subject to normal wear and tear. If the tenant fails to return rental property in such condition, the measure of damages is the reasonable cost of restoring the premises to their original condition. In these circumstances, if the lease so provides, the landlord could retain as much of the security deposit as is necessary to return the unit to its original state . If the security deposit does not cover the full amount of the repair cost, the landlord can file suit against the tenant seeking to recover the amount spent on repairs.
There is a tree on the property I am renting. I would like to cut it down because I fear it might fall on my home. Can I cut down the tree?
A tenant does not have the right to cut or destroy growing trees or
30

otherwise injure the property. A tenant has a right to use and enjoy the rental property but not to make changes in the property. You should contact your landlord informing him of your concerns about the tree, the danger you believe it poses and the action you wish him to take. If the landlord fails to repair a dangerous condition, he may be held responsible for any damages which result from the failure to remedy the problem.
My personal property was damaged by a fire that started in a vacant apartment next door. The fire department states the fire was caused by an electrical shortage. Can the landlord be held responsible?
Most leases state that the landlord is not responsible for the loss or damage to the tenant's personal property. Despite this lease language, a court may hold the landlord responsible if the loss or damage was caused by the landlord's negligence.
A tenant should first seek reimbursement for lost or damaged property by writing to the resident manager. If that is not successful, write to the property owner. If you are not reimbursed and feel your landlord is responsible, you should talk with an attorney. If you cannot afford an attorney, you can file a claim against your landlord in magistrate court.
The pipes in my apartment froze and when they melted they leaked. Who is responsible for the damage to the pipes and damage to the my property?
If your water pipes freeze, then burst, your landlord most likely will not be responsible for the damage to your personal property. You need to read your lease carefully. Most leases state that the tenant must take steps to keep pipes from freezing in winter, such as keeping the apartment heated or the water running . Even if your lease says that your landlord is not legally responsible for the loss of personal property, a court can hold the landlord responsible if it is shown that it is the landlord's fault that the pipes burst. The landlord must repair the water damage to the apartment.
I rented a house with land, the land is fenced. The fence was damaged. Does the landlord have to repair?
Yes, if the property rented includes the land on which the fence was located, the landlord is responsible for keeping it in good repair.
31

My landlord refused to repair a hole in my ceiling and my personal property was damaged. Can my landlord be held responsible?
If you promptly reported the repair, took action to protect your property and your landlord failed to respond , you may have a claim for the loss of your personal property. You should read your lease carefully to see what it provides. Prior to filing suit, you should write to your landlord explaining the situation and requesting reimbursement.
I own rental property. I have been notified that the county government has declared my property unfit for occupancy. What does this mean?
Georgia law gives county and city governments the authority to order repairs, close or demolish structures which are unfit for human habitation and dangerous or detrimental to health and safety. The county or city government may exercise this authority by establishing local ordinances . You should contact the county government for a copy of their housing code.
Georgia law recognizes the following conditions as threatening health and safety:
v Defects which increase the hazard of fire, accidents, or other
calamities. V Lack of adequate ventilation, light or sanitary facilities. V Dilapidation, disrepair and structural defects. V Uncleanliness.
When a county or city has enacted a housing code, it can also establish ordinances outlining how the code is enforced. Georgia law requires that the owner receive notice of the housing code violation and an opportunity for hearing . If violations are found, the owner can be ordered to repair, vacate, close or demolish the property. If the owner fails to comply with the order to remedy the code violations, the local government may "condemn" the property declaring it unfit for human habitation and prohibiting its use as a residence. A tenant living in condemned property would likely be justified in treating their lease as in default and moving from the premises. The tenant should keep proof of the property's condemnation and write to the landlord declaring the lease in default, prior to moving. 32

EVICTIONS AND DISPOSSESSIONS
My tenant has not been seen for several weeks; rent is paid. Can I consider the property abandoned?
A landlord must be cautious in declaring rental property abandoned and taking possession. If a landlord mistakenly declares property abandoned and removes the tenant's property, the landlord may be held liable for the property the tenant lost. While the tenant's property may not seem valuable to you, the tenant may consider it to be very valuable and could sue you to recover. It is best for a landlord not to consider property abandoned while rent is paid. Once rent is past due it is best for the landlord to file a dispossessory affidavit and obtain a court order for possession of the property. This will protect the landlord from liability.
When can a landlord begin legal proceedings to evict a tenant?
The basis for evicting a tenant are: 1) Non-payment of rent, 2) Failure to surrender the premises at the end of the lease term, or 3) Breach of the lease, including any rules that are part of the lease, if the lease provides such breach entitles the landlord to terminate the lease .
What must a landlord do to evict a tenant?
Before contacting the court to initiate eviction proceedings, the landlord should read the lease and be familiar with its provisions and comply with its terms regarding notice and termination. Once the terms of the lease have been followed, Georgia law requires a landlord to go through court to remove a tenant.
First, before going to court, the landlord must demand that the tenant immediately give up possession and vacate . This demand is best made in writing. If the tenant refuses or fails to give up possession, the landlord or the landlord's agent or attorney must go to the magistrate court and file a dispossessory affidavit under oath. The affidavit states:
1) The name of the landlord, 33

2) The name of the tenant, 3) The grounds for the eviction, . 4) Verifies that the landlord has demanded posses-
sion of the property and has been refused, and 5) The amount of rent or other money owed, if any.
The magistrate court will issue a summons to the sheriff where the property is located. There are three ways in which the summons can be served:
1) Delivered personally to the tenant at home; 2) If the tenant is not home, it will be delivered to
an adult who resides at the home and understands the importance of the summons ; or 3) The summons will be tacked on the door of the home and on the same day sent by first class mail to the tenant's address. This type of service is appropriate only if no one is at home when the sheriff attempts personal service.
The summons requires the tenant to answer either orally or in writing within seven (7) days from the date that the summons is served. If the seventh day is a Saturday, Sunday, or a legal holiday, the answer is required the next day that is not a Saturday, Sunday, or a legal holiday. The summons should indicate the last day to file an answer and the court in which the answer should be filed.
If the tenant fails to respond at the end of the seventh day, as listed on the summons, the lawsuit is in default. The court can then grant the landlord a writ of possession and the sheriff can remove the tenant immediately.
If the tenant answers the summons, a trial of the issues will be held in accordance with the procedures of the appropriate court. The tenant is allowed to remain in possession of the premises . The landlord may request that the court order the tenant to pay rent into the registry of the court. If payment is ordered , non-payment of rent into the registry could result in the court issuing a writ of possession and the tenant becoming subject to eviction.
34

Once an answer has been filed, and a hearing has been held, the court will issue its decision. If the court rules for the landlord, the tenant will be ordered to move after ten days and may be ordered to pay the past due rent. After July 1, 1998, a tenant has only seven (7) days to move .

If the dispossessory warrant was served by tack and mail , and the tenant did not file an answer, the court may not award rent or other damages to the landlord. The court can still order the tenant to move .

Today I received a dispossessory affidavit because I failed to pay my rent the first of the month. I now have money to pay my rent. What can I do?

A tenant whose landlord has filed a dispossessory affidavit because of non-payment of rent may be able to avoid being evicted by paying all that the landlord alleges is due plus court costs. This amount should be stated on the dispossessory summons served on the tenant. The tenant must offer payment within seven (7) days of receiving the summons. The landlord is required to accept such payment from the tenant only once in a twelve month period.

If a landlord refuses to accept an offer of tender, the tenant should file an answer to the dispossessory affidavit stating that tender was offered , but refused. After July 1, 1998, if a court finds that a landlord refused a proper tender, the court can order the landlord to accept payment of rent, late fees and court costs and require that the landlord allow the tenant to remain in possession, if the payment is made withing three days of the court's order. If the court finds that the landlord refused a proper tender and orders the landlord to accept payment, that payment will not count as use of the tender defense which can only be used once every twelve months.

My tenant failed to pay rent so I filed a dispossessory warrant. I filed in the middle of the month and the hearing will not be held until the middle of next month. Rent is due on the first of the month. Can I accept rent while I wait on the dispossessory hearing?

No, where a landlord has filed a dispossessory affid avit based on

non-payment of rent, the landlord cannot accept rent from the tenant. After

the dispossessory affidavit has been filed , the landlord can request that the

court order the tenant to pay rent into court.

3S

I terminated my tenant's lease effective the 15th of October. It is now November lst, the tenant has not moved. I have not filed a dispossessory warrant but intend to. Can I accept the rent due November lst?
No, if you accept rent now, after the existing tenancy has terminated but before filing a dispossessory warrant , you will create a new tenancy which would need to be terminated before you file a dispossessory affidavit. The new tenancy created would be a tenancy-at-will and would require sixty (60) days notice to terminate . If you had already filed a dispossessory affidavit, you could accept payment of rent as it came due. This does not apply where a landlord seeks to evict for non-payment of rent.
I do not have the money to pay my rent. My landlord says my furniture will be placed on the street if I don't pay the rent by the due date. Can my landlord do this?
No, the landlord cannot personally put your possessions on the street without a court order. A dispossessory proceeding can be initiated by the landlord which could result in your being evicted . A sheriff, marshall , or constable may then remove your property from the premises if a court has ordered that they may do so.
My landlord removed all my possessions and changed the locks on the apartment. He did not give me any warning or go through the courts to evict me. What recourse do I have?
Self help evictions, including changing the locks, are illegal under Georgia Landlord Tenant law. You may take action against the landlord for any damages you suffer due to his wrongful conduct. It is best that this type of action be pursued with the assistance of a legal representative. If you can not obtain an attorney, you can file a claim in the magistrate court of the county where the landlord is located.
My tenants have not paid rent in several months. Can I turn off their utilities?
No. A landlord who wants to force tenants to move must go through court and follow the dispossessory process. A landlord who suspends a tenant's utility service prior to the final judgment in a dispossessory action has broken the law and may be subject to a fine up to $500.
36

I have been served with a dispossessory warrant. It states that I can file an answer. What is an answer?
An answer is your response to your landlord's dispossessory warrant. It can be written or you can tell your response to the court clerk and have it written for you. The answer is your opportunity to state why you do not feel your landlord is legally entitled to have you evicted . If your landlord is seeking to evict you alleging that you violated your lease, your answer should state why you believe that you did not violate the lease. If an answer is filed, the court will schedule a hearing in which the tenant and landlord can each present their case. Anyone who knowingly and willingly makes a false statement in an answer could be found guilty of a misdemeanor.
My tenant filed an answer to a dispossessory warrant which I filed because she did not pay the rent. I use the rent money to pay the mortgage on the rental property. What can I do to collect rent while waiting for a court decision?
The tenant is allowed to remain in the rental property until the dispossessory process is complete. A landlord can request that the court order the tenant to pay into court the rent and utility payments that become due, while the dispossessory process is pending. The amount of rent due can be shown by attaching a copy of the lease or evidence of past paymen,~s. The court will order the tenant to make payments into court which can then be distributed to the landlord. If the tenant fails to make payments, the court can order the tenant to be removed from the property.
My tenant was served with the dispossessory warrant by tack and mail service. The tenant did not file an answer. The court says that it can issue an order to have the tenant removed but it could not issue a judgment stating that the tenant owes me money for past due rent. Why?
A dispossessory warrant taken due to non-payment will usually request possession and a judgment for the amount of rent owed . If the dispossessory warrant is served by "tack and mail" service , a copy being placed on the door and a second copy sent by mail, the court cannot issue a money judgment. However, if the tenant served by tack and mail files an answer, the court can award a money judgment.
37

The court ruled in favor of my tenant in our dispossessory case. I disagree. What can I do?
After July 1, 1998, a judgment in a dispossessory case must be appealed within seven (7) days from the date the judgment is entered by the court. Once appealed, the case will be placed on the court's next calendar for a non-jury hearing. If a jury trial is desired it must be requested within thirty (30) days from the filing of the appeal. It is wise to consult an attorney when considering an appeal. Until July 1, 1998, a appeal must be filed within ten (l0) days.
The court ruled for my landlord at our dispossessory hearing. How long do I have to move?
By ruling for your landlord, the court ruled that your landlord did have the legal right to have you removed from the property. The court may also have entered a judgment that you owe money to your landlord. The money judgment can be enforced by garnishment or other methods. A writ of possession allows the landlord to have you removed from the property. After July 1, 1998, your landlord cannot execute the writ, remove you from the property, until the expiration of the seventh (7th) day after the judgment was entered or longer ifthe court orders. Once judgment has been entered, even if you pay the landlord the money judgment, you can still be removed from the property. Until July 1, 1998, a tenant has ten (l0) days after judgment to vacate.
I disagree with the court's judgment that lowe my landlord money and that I have to move. What can I do?
After July 1, 1998, you have seven (7) days to file an appeal from the trial court. If the landlord requests, the court may order the tenant to pay into court the rent the trial court found the tenant owed, as well as future rent which comes due while the appeal is pending. If the tenant fails to pay, the court will order the tenant to be removed from the property. Until July 1, 1998, a tenant has ten (l0) days to appeal.
38

QUESTIONS ASKED ABOUT FAIR HOUSING
Federal and State fair housing laws are separate from Georgia landlord tenant law. However, because the Hotline occasionally receives questions related to fair housing , these basic questions and responses are included.
What actions, in connection with the rental of housing, are considered discriminatory?
Discrimination can take many forms. It can be as direct as a refusal to rent because the applicant is a person of color, disabled , of a certain religion, from another country or because the person has children. Discrimination can also be indirect. For example, the apartment complex rule may not appear to be discriminatory on its face but it may be applied in such a way that a protected group suffers more harshly from the rule. If the owner does not have a legitimate business reason for the rule, it may be found discriminatory.
Clear examples of discriminatory conduct include :
v refusing to rent to a person because of their race, color, reli-
gion, sex, national origin , familial status or disability ;
V landlords or rental agents who, while not directly refusing to rent, engage in conduct which discourages or makes unavailable housing ;
V landlords who impose different terms and conditions on those who are members of a protected group;
V landlords or property managers who steer tenants of a protected class to particular buildings or units;
V advertisements which excludes from the rental opportunity members of a protected group;
V stating that a unit is not available for rental when it is available .
39

What is meant by "conduct which discourages or makes unavailable" housing?
Examples of prohibited conduct include failing to inform an applicant of a protected class of the availability of privileges, services or facilities associated with the complex. Also, conduct which discourages members of a protected class from applying for housing directly or by failing to inform applicants who are members of a protected class of the availability of marketing promotions or rent reductions.
What types of rental housing are covered by the fair housing law?
The fair housing laws cover activities related to the sale, rental, or advertising of dwellings , the provision of brokerage services, or the availability of residential real estate-related transactions. Owners of rental property are exempt from the fair housing laws provided that the following conditions are met:
v Any advertising which the owner does for the rental property
must not be discriminatory; V The owner does not own or have any interest in more than
three single-family houses at anyone time; V The owner does not use a real estate broker, agent, or sales
person in renting the dwelling ; or V The owner occupies one of the units in a building intended to
be occupied by not more than four families.
In general, a landlord, who owns more than three rental units, uses a real estate broker or agent to rent the units, or advertises the units, must follow the fair housing laws.
I found an apartment which I wanted to rent. When I talked to the landlord over the telephone, it was available. But when I went to see the unit, the landlord said it had just been leased. I feel that the landlord may have discriminated against me. What can I do?
If you think a landlord has discriminated against you, you can file a complaint under either the Federal Fair Housing Law or the State Fair Housing Law. Both federal and state law prohibit discrimination on the basis of race, color, religion, national origin, sex, familial status, or dis40

ability. "Familial status" means families with children. You may also wish to talk with an attorney.
To file a complaint under federal law, you should contact the United States Department of Housing and Urban Development (HUD). HUD has a toll-free number which you can call for fair housing questions and complaints. You can also receive copies of the Fair Housing Act and other publications through the Housing and Discrimination Hotline. That number is (800) 669-9777 . TDD number (800) 927-9275. Or, you can write to:
Fair Housing and Equal Opportunity, 4E U. S. Department ofHUD Richard Russell Federal Building 75 Spring Street, S.W. Atlanta, Georgia 30303
To file a complaint under state law, or for information on State Fair Housing Law, you should contact the Fair Housing Division of the Commission on Equal Opportunity. That office can be reached at (404) 656-7708 or 1-800-473-0PEN. Or, you can write to:
Commission on Equal Opportunity Fair Housing Division 710 Cain Tower - Peachtree Center 229 Peachtree Street, NE Atlanta, Georgia 30303
There are also private agencies which help investigate allegations and prepare complaints. Although this agency is located in the Atlanta area, it will provide advice to persons in other parts of the state:
Metro Fair Housing Services 1083 Austin Avenue, NE P. O. Box 5467 Atlanta, Georgia 30307 (404) 221-0147 (800) 441-8393
41

Can the landlord limit the number of children residing in a unit to the number of bedrooms that the unit has?
Local ordinances and safety codes may determine occupancy standards. The landlord can impose occupancy requirements through provisions in the lease. These requirements must be reasonable , based on factors such as the number and size of bedrooms and the overall size of the unit. For example, setting a limit of two persons per bedroom would likely be considered reasonable , but requiring each child to have their own bedroom could be considered discriminatory.
I am disabled and looking for rental housing. I am having a difficult time finding housing. Can Georgia's Fair Housing Law help me?
Georgia Fair Housing Law requires that persons with disabilities be given reasonable accommodations in regard to rules, policies, practices or services. A tenant or applicant must request that the landlord make the accommodations and may be requested to provide a doctor's statement indicating that the accommodation is necessary. A disability is a physical or mental impairment which substantially limits one or more major life activities. This protected class includes those who have a disability, have a history of having a disability, and those who are regarded as having a disability.
It is prohibited, as discriminatory, for a landlord to refuse to make reasonable accommodations in rules, policies, practices or services when such accommodations may be necessary to afford a person with a disability the equal opportunity to use and enjoy a dwelling. Examples of reasonable accommodations include a landlord's waiving of a no pet rule for a tenant who needs to use an animal assistant and reserving parking places close to accessible apartments for mobility impaired tenants.
My tenant has asked me to install a ramp to her apartment and a grab bar in the bathroom. Must I make these changes?
A landlord must allow a disabled tenant to make, at the tenant's expense, reasonable modifications or changes to his or her unit that are necessary to afford the disabled person full enjoyment of the premises. A tenant may be required to restore the premises to their original condition 42

upon vacating the unit if reasonable. The landlord must also permit reasonable modifications to common areas, such as a pool, to make the area accessible or usable. In most cases it would be unreasonable for the landlord to require the tenant to return the common areas to their original condition.
Newly constructed multifamily dwellings with four or more units must provide basic accessibility to persons with disabilities if the buildings were ready for first occupancy after March 13, 1991. Basic accessibility requires that the apartment complex have:
1) one entrance to the building on an accessible route; 2) accessibility to public areas such as a lobby or swimming
pool ; 3) a door wide enough to accommodate persons in wheelchairs ; 4) accessibility to each unit (unless there is no elevator, in which
case only all ground floor units must be accessible); 5) sufficient reinforcement in bathroom walls to allow a tenant to
install grab bars where needed; 6) light switches and other controls located low enough for use
by a person in a wheelchair; and, 7) kitchens and bathrooms designed so that a wheelchair user
can maneuver within the space.
43

ADDITIONAL RESOURCES

LEGAL ASSISTANCE

Free or reduced cost legal assistance for low income persons is available through either the Atlanta Legal Aid Society or Georgia Legal Services Program.

Persons who live in Clayton , Cobb, DeKalb , Fulton , and Gwinnett Counties should contact the appropriate Atlanta Legal Aid Office:

DOWNTOWN ATLANTA OFFICE 151 Spring Street, N.W. Atlanta, GA 30303-2097 (404) 524-5811

COBB COUNTY OFFICE 32 Waddell Street Marietta, GA 30090-2900 (404) 528-2565

DEKALB GWINNETT CLAYTON COUNTY OFFICE 246 Sycamore Street, Suite 120 Decatur, GA 30030-5434 (404) 377-0701

Persons who live in other counties should contact the Georgia Legal Services Program office nearest them.

ALBANY 111 West Oglethorpe Boulevard Albany, GA 31701 (912) 430-4261 (800) 735-4271

BRUNSWICK The United Way Building 1311 Union Street Brunswick, GA 31520 (912) 264-7301

AUGUSTA 811 Telfair Street, Suite 202 Augusta, GA 30901 (706) 721-2327 (800) 248-6697

DALTON 107 King Street Dalton, GA 30720 (800) 822-5391

44

COLUMBUS 1214 First Avenue Columbus, GA 31902 (706) 649-7493 (800) 533-3140

MACON III Third Street, 2nd Floor Macon, GA 31201 (912) 751-6261 (800) 560-2855

GAINESVILLE 1276 Jesse Jewel Parkway P. O. Drawer 1337 Gainesville, GA 30503 (770) 535-5717 (800) 745-5717
PIEDMONT 1100 Spring Street , Suite 200-B Atlanta, GA 30309 (404) 894-7707 (800) 822-5391

SAVANNAH 10 Whitaker Street Savannah, GA 31401 (912) 651-2180 (888) 220-8399
VALDOSTA 114 North Toombs Street Valdosta, GA 31601 (912) 333-5232 (888) 546-5232

TIFTON Migrant Farm Workers Project P. O. Box 1669 Tifton, GA 31793 (912) 386-3566 (800) 537-7496

WAYCROSS 1057 Grove Avenue Waycross , GA 31501 (912) 285-6181 (800) 498-9508

If you do not qualify for free legal assistance or wish to engage a private attorney of your own choosing but do not have one, the following organizations can assist with a referral.

Atlanta Bar Association Lawyer's Referral Service 100 Peachtree Street, N. W. Equitable Building, Suite 2500 Atlanta, GA 30303 (404) 521-0777

State Bar of Georgia 800 The Hurt Building 50 Hurt Plaza Atlanta, Georgia 30303 404-527-8700 800-334-6865

45

COMPLAINT REGISTRY
The Governor's Office of Consumer Affairs (OCA) is Georgia's consumer protection agency. OCA offers a complaint registry service. When filing a complaint, include : a) your full name, address and telephone number; the name, address and telephone number of the business (if known); and the person with whom you dealt, b) a detailed explanation of your complaint, c) an account of any action that has been taken, e.g., hiring an attorney, and d) copies of contracts, receipts, cancelled checks, or other documents which pertain to the complaint.
Governor's Office of Consumer Affairs 2 Martin Luther King, Jr. Drive Plaza Level, East Tower Room 356 Atlanta, Georgia 30334 (404) 656-1760 (800) 869-1123
If you are a public housing tenant with a complaint, you should contact the public housing authority which owns your unit. Or, you can contact:
Georgia Public Housing Division U.S. Department ofHUD Richard Russell Federal Building 75 Spring Street, S.W., Room 262 Atlanta, Georgia 30303 (404) 331-4492
HUD Subsidy Rental Properties (404) 331-1798
46

MEDIATION & ARBITRATION
The mediation and arbitration process allows two parties who are in disagreement over an issue the opportun ity to meet with a neutral third party who tries to assist the two parties in arriving at a resolution that is mutually acceptable to both parties. If this process is not successful in arriving at a resolution the two parties in the dispute still retain their right to pursue other legal alternatives to the issue in dispute. In order to pursue the mediation and arbitration process, both parties must agree to use this process. The agencies listed below provide mediation and arbitration services. In the Atlanta area contact the following for the mediation of disputes between landlords and tenants as a way to avoid a possible court case.
Better Business Bureau of Metro Atlanta 100 Edgewood Avenue Atlanta, Georgia 30303 (404) 688-4910 Justice Center of Atlanta 976 Edgewood Avenue, NE Atlanta, Georgia 30307 (404) 523-8236
47

INFORMATION ON REAL ESTATE &
REAL PROPERTY
If you are interested in becoming a landlord or finding assistance in managing rental property which you own, these organizations may be able to help.
Georgia Apartment Association 8601 Dunwoody Place, Suite 318 Atlanta, Georgia 30350 (770) 518-4248 Georgia Real Estate Commission 148 International Boulevard, N.E. Suite 500 Atlanta, Georgia 30303 (404) 656-3916 Georgia Association of Realtors 3200 Presidential Drive Atlanta, Georgia 30340 (770) 451-1831
48



I

..
GE.ORGI-A LANDLORD-TENANT HOTLINE P.O. Box 79072
Atlanta, Georgia 30357-7072 404-206-5343 800-369-4706