Legal Question in Landlord & Tenant Law in Georgia

Landlord/property manager had my utilities shut off today. I am behind in rent. No prior notice was given. No eviction (dispossessory warrant) has been filed as of to date. I have not been served. There has been two threats of eviction, verbally. Plus they deactivated my gate card key to the entrance of complex and removed my name from the call box last week. Also the property manager stood in hallway discussing my lease and situation with next door tenants. And enters my apartment unit without notice. The utilities are in the apartment complex name and haven't been transferred into my name yet. Can the landlord do all of this without me being served an eviction notice? What can I do since my food has spoiled? Hot temperatures of over 100 degrees outside, I can have a heat stroke.


Asked on 7/16/12, 11:44 pm

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

One comment stands out - the utilities "haven't been transferred into my name YET." What does this mean? That you were supposed to have the utilities changed and failed to do so, and the complex was paying the bill for your apartment? If so, you don't have much of a complaint about the utilities being shut off. If not, you did not tell the whole story. If your story is true about access (or if the utilities were improperly shut off), you may have a claim for improper constructive eviction (depending on whether you had access otherwise), but it appears you have not really been evicted. If you push it, they will do a proper eviction and you might be sued for damages and breach of the lease. Again, there is more to the story. Given that you were behind on rent, where do you see this battle ending and how is it good for you?

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Answered on 7/17/12, 7:20 am


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