The Landlord/Tenant relationship is a special one that is usually entered into by a written agreement, although it can be created by an oral agreement, or even by the conduct of the parties. It is important to understand that regardless of the manner in which it was formed this relationship is made up of mutual promises to each other and it is governed by Title 44, Chapter 7 of the Georgia Code.
If either party is not abiding by their part of the agreement, then the other party has a number of remedies available to them. The most common example is a Tenant who is not paying the rent. In that situation, the Landlord's most powerful remedy is the process of Eviction.
An Eviction is a legal process by which a Landlord regains possession of a leased premise from a Tenant through a Court Judgment. In most situations an eviction requires the involvement a Court and the Sheriff's Department. However, if a Landlord wishes to evict a Tenant, he or she must follow strict procedures set forth by the Georgia Code mentioned above.
An example from the other side is a Landlord who refuses to maintain the property in a habitable or livable condition. In this situation, the Tenant may have the right to use the rent money to repair the property or if the condition is bad enough, to move out and terminate the lease entirely. However, in order for a Tenant to use either of these remedies, they must follow the strict procedures set forth by the Georgia Code mentioned above.
Whether you are a Landlord or Tenant, or your issue is dealing with a residential or commercial property, the attorneys at Hollingsworth & Associates are well versed in the creation, the enforcement and/or the termination of the Landlord/Tenant relationship.
Please feel free to email us or call 770-263-9993 so we can discuss your particular situation.