Legal Question in Landlord & Tenant Law in Georgia
I am renting on a verbal lease, and now my landlord wants us to move out in 8 days, cause we were only 1 month behind on rent! We have had no heat, no water, and there is mold all over this house! He said he could garnish our wages, can he? please help
2 Answers from Attorneys
Your landlord cannot make you move upon 8 days' notice, but he can file a dispossessory (eviction) action after the 8 days have expired for failure to pay rent. However, you may have some set-off because of the repairs as long as you notified the landlord and he failed to make repairs within a reasonable time. If he obtains a monetary judgment against you, you can then garnish your wages.
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One month behind is still behind on your debt. The landlord has a right to get paying tenants. Even though the landlord can't evict you in 8 days (see above), if a dispoessory action is filed and a judgment entered against you, you will likely have a very difficult time renting in the future (and the garnishment, poor credit report, etc.). You state no details on the problems with the unit, such as whether the heat issue was for a half day or a week. Keep in mind that landlords and judges are used to tenants who come up with these kinds of problems only when they are facing a judgment or eviction, so you will need many more details and documentation. The bottom line is that it is in your best interests, and the landlord's best interests, to work it out. That could be an agreement to pay some rent and be out by a certain date.
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