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

Quote:

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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?

Are the college aged kids the children or grandchildren of the mom? If not, under the ordinance they would be the unrelated adults.

Gail

Hey guess what? THIS HAS NOTHING TO DO WITH MY QUESTION! Why are you using my thread as a platform to talk about something that has NOTHING to do with it!

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Your quotation marks and phrases like "this business" are the reason I am defensive towards you. Just because you don't agree with a law doesn't make it invalid. I could disagree with the law about killing someone doesn't mean I shouldn't be jailed and tried.

You asked in your example about mom, her boyfriend and two college aged kids. I asked if the college aged kids (whom I assumed were the renters) were the children or grandchildren of the mom. If not, they would be the unrelated adults.

What the heck is wrong with you? Read the ordinance that was posted earlier in this thread to familiarize yourself with what "unrelated" means in terms of this ordinance.



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COMMON VIOLATIONS FOUND IN RESIDENTIAL NEIGHBORHOODS
We have provided the following information as a general reference. For complete details, please see the relevant section of the The Official Code of Cobb County.

Dwelling Unit
A dwelling unit consists of one or more rooms which are arranged, designed or used as living quarters for one family or two or fewer unrelated adults and their children and/or grandchildren.
(1) A dwelling unit shall have an interior bathroom and complete kitchen facilities, permanently installed.
(2) A dwelling unit shall have at least 390 square feet of living building square footage (as determined and maintained in the records of the Cobb County Tax Assessor) per each adult occupant.
(3) No more than one vehicle per 390 square feet of living building square footage may be parked regularly overnight on the property upon which the dwelling unit exists. Of the total number of vehicles allowed per 390 square feet of living building square footage, there may be a maximum of 3 or less cars parked outside of the garage, carport or the like for property zones RA-5, R-15 and R-20; a maximum of 4 or less cars for properties zones R-30 and R-40; and maximum of 5 or less for properties zones R-80 and RR. This includes vehicles parked within the right-of-way adjacent to the building. "Regularly" means a majority of nights in a seven day period. Family means one or more persons related by blood, legal adaption, or marriage occupying a dwelling where such persons are all related to each other within the fourth degree, which means parents, children, grandparents, grandchildren, brother and sisters.
Adult means any person over the age of 18 years old or legally emancipated in the State of Georgia.


Gail

No I did not! That was another poster who was posting something unrelated to my thread. I did not ask anyone to explain or discuss that law/code with me. I asked legal advice on being unexpectedly evicted by the state from a apartment that violates several codes, that is it. You and another poster derailed my orginal thread which isn't fair to me, on top of you orginally being rude, condescending, patronizing and passive agressive towards me.

Honey,

Gail has been polite to you. Go hire yourself a lawyer if you don't like her advice. I don't like to see my fellow volunteers get bashed here by ungrateful people like yourself.

Yet it is ok for me to be bashed? That is prejudice. It is okay for my thread to be derailed. No that isn't ok. And defending that in my eyes is bullying, ganging up on behavior. Calling me honey is passive agressive.

It is suggested you consider hiring an attorney to get your questions answered. You seem to have great difficulty understanding what folks are posting to you on a forum. Perhaps a face to face discussion with an attorney would make these issues clearer for you.

If you are attempting to get answers as to whether you would win a lawsuit against your landlord regarding this eviction for residing in a rental unit that has more than 2 unrelated adults in Cobb county; it is doubtful anyone would be able to tell you how a court would rule in this matter.

Gail

That was not my question. This whole thread has derailed as my intent was not about the two unrelated adults law. Because that is not the main violation. My question was simple one person answered it. I thanked them. I feel I was not rude or ungrateful but bullied and attacked with passive agressive, patronizing behavior.

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I have no problem understanding I don't like the tone or particular words used. Calling someone honey is passive agressive, using quotations on the word illegal is passive agressive and patronizing. Telling someone they are ungrateful because they don't like being bullied or treated badly isn't right. If people in America had this attitude black people still wouldn't have rights! I should be grateful for being treated horribly? No!