Legal Question in Landlord & Tenant Law in Georgia

renting and landlord possibly could lose property to foreclosure

I am renting a property and did not pay October and now November rent due to me getting foreclosure letters in the mail. My landlord never mentioned the situation to me, I only knew from getting letters in the mail and contacting the attorney on one of the letters. I held the rent in case I had to suddenly move. The lordlord was able to keep the property from going into foreclose as of Nov. 2. However I received a dispossessory warrant on Nov 3. I have no problem paying Oct & Nov rent but feel I should not be responsible for late fees of $41 a day, which isn't even included in the rental agreement. The rental agreement states late fees are $10 per day. Is there anyway around NOT having to pay any late fees, just the amount I owe based on the possible foreclosure situation?


Asked on 11/10/04, 12:01 pm

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

Re: renting and landlord possibly could lose property to foreclosure

Except for a few limited situations, you are required to pay rent. And late fees can be assessed according to the terms of the lease. So, you can be required to pay back rent and all applicable late fees.

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 11/10/04, 2:28 pm


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