Legal Question in Landlord & Tenant Law in Georgia

harassment from Apartment complex

My husband and I moved into an apt complex Nov 1. my husband is the only one on the lease. Security deposit was paid with my checks with my name only. The apt manager told him to put me out or get evicted. Neither of the two happened. December rent was paid with my check with no problem. Now this month the apt manager says she cant accept the checks because I am not on lease. The complex sent the checks back to me. So I guess they will start the eviction process in which we dont mind because of the harassment. My question is can the complex be sued for our moving expenses because the rental agent knew about my moving in and because they accepted my checks in Nov and Dec.


Asked on 1/05/08, 4:45 pm

1 Answer from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

Re: harassment from Apartment complex

You omit the most important detail - what does the lease say about the issue. It is not "harassment" if they insist your husband and you comply with your agreement. It is also generally not an excuse they took the rent and allowed additional time to remedy the breach (again, if the lease provides that adults must be on the lease). Accepting your rent is generally not free reign to breach the lease (and the lease may expressly say that). If you are evicted for breaching the lease, you - not the complex - may be subject to pay further damages. Read the lease. If avoiding eviction and possible collection is not worth the raather painless process of signing a lease, make a deal in writing to move and they won't pursue legal action or damages.

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Answered on 1/05/08, 4:55 pm


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