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Georgia Tenant ...what is my recourse if I go to civil court?

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  • Georgia Tenant ...what is my recourse if I go to civil court?

    I reside in the state of Georgia and I along with my six year old son is renting a room from a couple. We have been there for almost a year. I have a lease agreement which only list myself as the occupant and details that I am responsible for 800.00 rent plus the electric bill (which is in the landlords' names) and my own food and personal items etc. I have permission to use the common areas of their home such as the laundry room and kitchen. The issue is that I am leaving one month earlier; a 30 day notice was given to my landlords and I was instructed to pay for the month I will not be living in the room. I agreed but it has come to my attention that the landlords who I have a lease agreement with and specifys that they can enter the room with proper notice to make repairs, have been entering my room and going through my belongings, photographing my items as well as entering my car which is parked on the street.I have llearned that tthey have made photocopies of my tax records birth certificate social security card and so on. In addition, I was informed that a chip in the plaster of the wall needed to be repaired professionally. I made the reasonable repairs myself however the landlords have chipped the plaster off and stated that they will call a professional to make the repairs and charge me for the expenses. However again I was informed by other reliable sources that the landlords have always been aware of the chip due to their entering my room regularly. I was not required to pay a deposit but since i am leaving the premise more than 30 days ahead of the end of the lease; What is my recourse for these actions especially if I go to civil court?

  • #2
    Re: Georgia Tenant ...what is my recourse if I go to civil court?

    I wish to inform you that you can allege breach of your privacy. In this regard rental agreement governs your premises rent and in this you may have a liability to pay rent for a fixed period if there is a fixed period lease. In this a landlord may enter into premises but landlord does not have right to take pictures of your birth certificate or tax returns. You can allege breach of privacy and hence take action for such a thing and demand compensation. Lastly as regards repair of chip in plaster wall needs to be repaired by professional if you yourself cannot repair it and damage of chip in plaster wall is caused by you. A landlord can take expenses for damage caused by landlord and not general wear and tear of premises.

    AFF

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    • #3
      Re: Georgia Tenant ...what is my recourse if I go to civil court?

      Originally posted by suitenant View Post
      I reside in the state of Georgia and I along with my six year old son is renting a room from a couple. We have been there for almost a year. I have a lease agreement which only list myself as the occupant and details that I am responsible for 800.00 rent plus the electric bill (which is in the landlords' names) and my own food and personal items etc. I have permission to use the common areas of their home such as the laundry room and kitchen. The issue is that I am leaving one month earlier; a 30 day notice was given to my landlords and I was instructed to pay for the month I will not be living in the room. I agreed but it has come to my attention that the landlords who I have a lease agreement with and specifys that they can enter the room with proper notice to make repairs, have been entering my room and going through my belongings, photographing my items as well as entering my car which is parked on the street.I have llearned that tthey have made photocopies of my tax records birth certificate social security card and so on. In addition, I was informed that a chip in the plaster of the wall needed to be repaired professionally. I made the reasonable repairs myself however the landlords have chipped the plaster off and stated that they will call a professional to make the repairs and charge me for the expenses. However again I was informed by other reliable sources that the landlords have always been aware of the chip due to their entering my room regularly. I was not required to pay a deposit but since i am leaving the premise more than 30 days ahead of the end of the lease; What is my recourse for these actions especially if I go to civil court?
      You really have no legal recourse here.

      What proof do you have that your LLs entered the rental premises? What reason do you think they have for allegedly entering and photocopying your personal documents, and that they won't just say you allowed them to do so?

      As for the repairs, the LL has a right to have those done by a professional if they choose. There aren't many tenants who are competent at completing even minor repairs, and LLs often have to return to re-do poorly completed work.

      You say you gave 30 days' notice of your intent to move. Pretty sure that Georgia requires a minimum of 60 per statute, and that assumes you are on a month-to-month tenancy. However, since you are still bound by a lease, it sounds like you are trying to terminate early. That leaves your LL with legal recourse here - either making you financially liable for the remainder of the lease until expiration, or until a replacement tenant is found, whichever occurs soonest.
      "If it ain't in writing, it never happened."
      "A lack of planning on your part does not constitute an emergency on my part."
      "You can never make the same mistake twice, because the second time you make it, it's not a mistake, but a CHOICE."

      Comment


      • #4
        Re: Georgia Tenant ...what is my recourse if I go to civil court?

        What is the end date of the lease? Is it a one year lease? That makes a difference on the term for which you are obligated to pay rent. .

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        • #5
          Originally posted by Friend In Court View Post
          What is the end date of the lease? Is it a one year lease? That makes a difference on the term for which you are obligated to pay rent. .
          My lease is for one year. The landlords informed via email that I will need pay for just two months plus the electric bill. Again I made reasonable repairs to the chipped wall which was approximately an inch in length I didn't get the paint to match but it was repaired. However the landlords redamaged the wall

          Comment


          • #6
            Re: Georgia Tenant ...what is my recourse if I go to civil court?

            Originally posted by Unregistered View Post
            My lease is for one year. The landlords informed via email that I will need pay for just two months plus the electric bill. Again I made reasonable repairs to the chipped wall which was approximately an inch in length I didn't get the paint to match but it was repaired. However the landlords redamaged the wall
            What do you mean, the LL redamaged the wall? It sounds more like they feel the wall wasn't properly repaired, in which case they are legally entitled to re-do the repair to their standards and charge you to do so. We have only your word that it was done well enough to avoid that, but do you have any proof that it was? You can be sure that the LL is going to say it wasn't. Your version of reasonable doesn't mean much unless the LL agrees here.
            "If it ain't in writing, it never happened."
            "A lack of planning on your part does not constitute an emergency on my part."
            "You can never make the same mistake twice, because the second time you make it, it's not a mistake, but a CHOICE."

            Comment


            • #7
              Re: Georgia Tenant ...what is my recourse if I go to civil court?

              Your posting is a bit confusing.

              You indicated you are leaving one month earlier (this would imply that you are 11 months into a year lease). However, later you state that the landlords are requiring "just" two months amount of rent plus the electric bill which implies you are leaving earlier than this.

              Simply slapping some caulk and paint that doesn't match the previous paint on the wall isn't a "reasonable" repair and wouldn't be seen as one in a Georgia court (which tends to be a landlord friendly state). Since you didn't provide a deposit when you first signed a lease, you will be charged for the cost of this repair.

              What do you hope to achieve be going to Civil Court? You are considering filing a claim for your statement that your landlord made photocopies of your tax records, birth certificate, etc.?

              Gail

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