Being Evicted from an Illegal Apartment in Georgia

My question involves an eviction in the state of: Georgia


I have received notice from the county that my apartment is a illegall and I will have to move in 10 days. Now I have to find another place to live and move out can I sue my landlord for any type of damages because I had to pay for a storage rental and I will have to pay for moving people and a moving truck. I did not know the apartment was illegal so I don't feel it's fair that all the sudden I'm being taken out of my apartment.

Sure you can sue. No guarantee you'll win the lawsuit though. What is the reason that the county has decided the apartment is "illegal"?

Gail

It is a single family home, but in addition to the home it has two apartments in my county you can't rent out a illegal duplex or in this case a triplex(?), it also violates a rule that only two unrelated adults can live in a single family home. He also doesn't have a certificate of occuponcy. And since the place is illegal it probably isn't fit for living. How would I sue? Make a claim to civil court or something? Would I need a lawyer?

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I don't know why I would make up something like this up, obviously the county has their reasons and laws they just don't tack paperwork on your door for no reason. I also called them they explained everything.

This business about two unrelated adults not being able to live in a single family home is very strange, even in Georgia (and I'm a Georgia landlord).

What county has this taken place in?

Gail

Cobb county. And once again why would I lie about that?! You can call Cobb County Code Enforcement and the zoning department if you like, the same way I did. I'm sure they will tell you the same thing, as I don't think that they have any reason to lie. so why would I make up something that anybody can easily research it isn't that hard. There was also a newspaper article about this law in cobb county.

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Also I said two unrelated adults that means only two unrelated adult live in a home. No more than two. Three is violation of the code/law.

I am not saying you are lying. You appear overly sensitive about that. Since you do, the only advice I can give you is to review the steps for filing in Magistrate/Civil Court (our version of Small Claims in Georgia).

And yes, the issue in this county (which passed in 2012 under much controversy) involves the number of unrelated adults living in a residence. It doesn't mean the unit is "unfit" for living in. This strange ordinance was passed in an attempt to keep the issue of "single family", well, "single family" in this area.

Gail

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Quoting illegalapartment

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I have received notice from the county that my apartment is a illegall and I will have to move in 10 days. Now I have to find another place to live and move out can I sue my landlord for any type of damages because I had to pay for a storage rental and I will have to pay for moving people and a moving truck. I did not know the apartment was illegal so I don't feel it's fair that all the sudden I'm being taken out of my apartment.

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If you are being evicted due to a determination by the local government that the owner has violated the housing code, and the violations cannot be corrected, then you would be justified in treating that as a breach of lease by your landlord. You can try to convince a court to compensate you for moving costs, particularly the portion of any moving cost that would be above the norm, but should do your best to mitigate your damages (avoid any costs that can reasonably be avoided). Some judges might be skeptical of awarding ordinary moving costs, as you would incur those at the end of any tenancy.

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Quoting gail in georgia

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This business about two unrelated adults not being able to live in a single family home is very strange, even in Georgia (and I'm a Georgia landlord).

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The restriction is summarized here and is discussed in this article ("Cobb County code says only two unrelated adults are allowed to live in a single-family home regardless of the size of the house. The ordinance was created to target neighborhoods in south Cobb where multiple families lived in a single home.")

There is a bit of a backlash to this current restriction amongst some commissioners:

http://mdjonline.com/view/full_story...d-to-live-with

Gail

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Quoting Mr. Knowitall

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If you are being evicted due to a determination by the local government that the owner has violated the housing code, and the violations cannot be corrected, then you would be justified in treating that as a breach of lease by your landlord. You can try to convince a court to compensate you for moving costs, particularly the portion of any moving cost that would be above the norm, but should do your best to mitigate your damages (avoid any costs that can reasonably be avoided). Some judges might be skeptical of awarding ordinary moving costs, as you would incur those at the end of any tenancy.

The restriction is summarized here and is discussed in this article ("Cobb County code says only two unrelated adults are allowed to live in a single-family home regardless of the size of the house. The ordinance was created to target neighborhoods in south Cobb where multiple families lived in a single home.")

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Thank you for the advice. Glad someone finally answered my question.

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Quoting gail in georgia

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I am not saying you are lying. You appear overly sensitive about that. Since you do, the only advice I can give you is to review the steps for filing in Magistrate/Civil Court (our version of Small Claims in Georgia).

And yes, the issue in this county (which passed in 2012 under much controversy) involves the number of unrelated adults living in a residence. It doesn't mean the unit is "unfit" for living in. This strange ordinance was passed in an attempt to keep the issue of "single family", well, "single family" in this area.

Gail

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So, what if its mom, her boyfriend and two college aged kids? How does that fall within the no more than two unrelated adults rule?