Legal Question in Landlord & Tenant Law in Georgia

my mother has just finished chemo and radiation. then pneumonia. i lost my job due to having to carefor her. we were late with the rent this month, andi toldthe landlord i was trying to get the money together. Then yesterday w e revived a petition for Writ of possession. I thought she had to tell usto leave before having a deputy serve papers.

my biggest question is how long i have to get out? , My mom is still very weak and not over the effects of her treatment, and we have no help . I will have to do it all myself.

we are past our lease. We live in GA.

Asked on 5/22/13, 9:46 pm

1 Answer from Attorneys

Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

You are correct that a landlord must first demand possession of the property in writing before filing a dispossessory with the court. If this was not done, you may use this as a defense to the eviction, and the landlord would have to start the process over again.

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Answered on 5/23/13, 4:46 am


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