Legal Question in Landlord & Tenant Law in Georgia
I was wondering what I need to do to pursue my case. I rented a duplex last May and in less than a month I had to move out. My landlord had promised to fix multiple things including the air conditioner, it was going into summer and I had two small children and was pregnant at the time. The internal temp to my duplex would get up into the 90's and I kept asking for the air conditioner to be fixed. I finally couldn't take it any more and moved out. The duplex had had a window broken out about a week after I signed the lease and the bedroom window in the back I found out had 4 screws put in to keep burglars out which did not help. 3 days after I finally moved all my stuff in my laptop was stolen. A police report was made, there was no forced entry and the next door neighbor was kind of shady, we later found out he could have easily accessed my apartment from the attic. We still don't know who took my laptop, but the next door neighbor moved out rather quickly after my laptop was stolen. Any way, I had paid first and last month like most, $1200 all together, before I knew any of this. We went to court once, the judge said I had a case, but before it could continue, my landlord said I couldn't take him to court, he was just the registered agent, I had to go up against the real estate company. The address that is registered they cannot find, so now I've spent $200 to get him served and go to court and now the courts keep giving me the run around. One tells me I have to have him served in the county he lives and the other told me I have to get him served in the county where the company is. The company address is in Fulton County, GA, and they were not able to serve him at that address, he works and lives in Henry County, GA, but he said I cannot go after him here. Is there anything I can do to get any of this money back?
2 Answers from Attorneys
The best way to lose a suit is usually to do what you did and file it yourself. Suing the correct party in the correct court can be problematic, and the fact you are asking the courts explains why you are really screwing up. Did you not read the signs in the courts that tell you "clerks are prohbited froom giving you legal advice?"
In other words, they cannot tell you what you did wrong. If you want to be your own lawyer you need to take the time to research the law and find out.
A better plan is either hire a lawyer, or, in a case like this where those amounts may exceed what you are suing for, spend $100 or $200 on a consultation to find out what to do and how to do it. As for service, you probably will end up using a private process server. As for who to serve, the answer is based upon your lease.
If you serve the right person you can serve them in another county other than the proper county for suit, but you have to know HOW to do that.
So see a lawyer or continue to waste fees. That's the choice.
Additionally, be prepared for a counterclaim if you breached your lease by moving out early. If you just up and moved because of problems, without taking the appropriate steps under the lease or otherwise (which we do not know), the landlord will sue you for damages. That could be more than you are suing for.
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