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  1. #1
    Join Date
    Nov 2011
    Posts
    1

    Default Landlord Extoring Extra Fees After Sending an Eviction Notice

    My question involves landlord-tenant law in the State of: Georgia. This summer my house burnt down and a neighbor agreed to rent me her house since she was having difficulties making payments and lived in another state. When she left the garage was filled with her personal belongings. She was to come back in two weeks and remove them so I would have use of the garage (my out door buildings were not destroyed in the fire and I had a canoe I wished to place in the garage). She never returned until on October 30 ( I moved in on July 3) she arrived at the house unannounced after I had left for work, let herself in and awoke my children who were not yet up for school. She proceeded to yell at the children so bad I was forced to leave work and return home. One of my children had to leave the house due to fear. She had already left but proceeded to scream at me on the phone... ironically she was yelling that she didn't raise her voice at the kids or threaten them. While in the house she noticed a cat box. No cat was in the house. I had told her that some of the pets survived before we moved in and paid a pet deposit. To be honest I had just lost everything I owned, several pets and one of my children tried to kill themself. I was in shock and passed the lease to my insurance company to pay. She is now saying that the pet deposit was per pet and is demanding I pay an additional 750 by november 6th. Today. I am supposed to deposit the money directly in the account she provide me in the letter. If I don't pay the 750 by today I will incure a 25 late fee and a 5 dollar a day additional fee. She further stated that the rent I had already paid was redirected towards the deposit and I am now $750 dollars late in my rent payment. In this same letter I was told I needed to vacate the premise by Nov. 30. We are on a month to month lease and I dont mind moving out If that is what she wishes. It will be impossible for me to deposit the money in her account with the banks being closed on Sundays and driving 7 hours to her house is out of the question since I have to work today. She knows I reciently recieved a small sum from my insurance to obtain permanent residence for my family (it will take up to 6 months to settle my claim). It is enough to put down a deposit on a house. I feel bad that she is having finacial difficulties but I have lost every thing in the fire and almost lost my childs life. I am in no position to pay the 750. What I want to know is if it is legal for her to change my rent payment into a deposit and then say I am late rent? Is it legal for her to raise my deposit after evicting me? Is the time frame set forth in the letter legally adequate? (basically instantly ) Would I be within my rights to counter her letter with a letter stating that the loss of use of the garage is $750 (over the 5 month) so we are even? Thank you in advance for you advice.

    Fustrated

  2. #2
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Landloard Extoring Extra Fees After Sending an Eviction Notice

    What does your lease say? Absent a writing to the contrary, tell her to pound sand.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Landlord Extoring Extra Fees After Sending an Eviction Notice

    If you're a month-to-month tenant, your landlord can end your tenancy or impose new rules or rent increases on proper notice. Under Georgia Code 46-7-7, that would appear to be 60 days notice.

    Pet deposits, late fees and... whatever an "additional fee" is supposed to be... are contractual. If they're not part of the agreement they're not enforceable.

    I suppose you're as capable as she is at making up arbitrary numbers and making arbitrary demands for money; as I just indicated, simply making them up and demanding them doesn't mean that they're either valid or enforceable.

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