Legal Question in Landlord & Tenant Law in Georgia

What is the landlord's responsiblity when they(the leasing office) has sent out several notices regarding people hanging out in the parking lot, under-aged children being unsupervised outside, and the same problems continue to happen. Today I caught several children going through my storage unit provided to each tenant by the apartment complex, when I called the "courtesy officers" they never showed up. I called the leasing office and had to leave a message because today is a holiday. I would like to know what my legal rights are as a tenant when the same problems(dealing with the same children)continues to happen.


Asked on 7/04/11, 8:21 pm

1 Answer from Attorneys

Phillip M. Cook Cook Legal Services, LLC

It depends on the terms of your lease. Typically, leases contain provisions which state that tenants cannot do certain things on the property -- do drugs, steal things from others, vandalize, etc. Those same lease provisions typically allow for the landlord to evict tenants for violation of these provisions. These provisions sometimes call for reasonable notice to be given to the offending parties before the landlord takes the drastic step of eviction. Sending several notices out to tenants is a great way for the landlord to publicly acknowledge the problem and lay a ground work to evict the tenant (and avoid an adverse court ruling if the tenant fights the eviction in court).

Now that the landlord has expressly acknowledged the problem, it could be argued that it has a duty to make sure it doesn't happen anymore. Since it has happened, and has caused you damages, if I were in your shoes, I would do the following:

1.) Call the police and file a report IMMEDIATELY about the children trespassing in your unit.

2.) Forward a copy of the police report along with a letter to the landlord/property management company explaining what happened and demanding that the landlord take immediate action. I would also politely tell the landlord that if the incidences do not stop immediately, you will be forced to hire a lawyer to take further legal action against the landlord to protect your personal property. Be exceedingly polite, but firm. The letter should be sent via certified mail.

3.) I would take a copy of the police report and copy of the letter you sent to the landlord/property manager and send a copy to the parents/guardians of these minors. Politely tell the parents/guardians you have filed a police report and request that the parents/guardians stop their children from further criminal behavior.

4.) If it happens again, report it to the police and the landlord in writing as discussed above AND hire a Georgia lawyer who can help you either: (i) get out of your lease with the landlord, so you can move somewhere else, or (ii) file a lawsuit against the landlord and the parents/guardians of the children for any damages you might suffer.

Best of luck.*****The above is for informational purposes only and does not create an attorney-client privilege.******

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Answered on 7/05/11, 8:30 am


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