Legal Question in Landlord & Tenant Law in Georgia

Did not get copy of lease

Hello, my husband and myself rented an apt. in april of 2004. We never recieved a copy of the lease from the managment. We were told we would recieve a copy by the end of the day. Well we have never recieved one to this day. Yes I know I should of demanded one, but I was very intimadated by the managment. We are now out of the apts and they are trying to sue us over some charge about a lease charge. I dont know if this is a bogus charge or a legit charge. Is there anything that I can do. The management doesnt have a copy of the lease now. I was told that the lease would be considered void becasue we didnt recieve a copy, does this sound true? Any advice we be appreciated!

Thanks


Asked on 1/04/05, 8:04 pm

1 Answer from Attorneys
Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

Re: Did not get copy of lease

The lease would not be void because you did not receive a copy unless the lease itself includes such a provision, which is doubtful. If they are suing you and will not voluntarily give you a copy, you can demand a copy through discovery if the case is not in magistrate (smalls claims) court. If it is in magistrate court, you should make sure and tell the magistrate that you did not receive a copy of the lease and therefore you cannot adequately make an argument.

As you know, you should have gotten, and at least demanded, a copy at the time of execution.

If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.

The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.

Glenn M. Lyon, Esq

MacGregor Lyon, LLC

Promenade II

1230 Peachtree Street NE

Suite 1900

Atlanta Georgia 30309

Phone 404.942.3545

Fax 404.795.0993

[email protected]

www.macgregorlyon.com

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Answered on 1/05/05, 9:23 am


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