What constitutes grounds for a lawful eviction?
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What constitutes grounds for a lawful eviction?
I have 2 children, 5 and 2, and we just moved in apartment 1 month ago. The manager sent us 3 notices saying that children are jumping in the apartment and that it is disturbing the tenants downstairs. They will evict us after 3 letters. The truth is this is an exaggeration. My children are not doing anything unusual. They are playing and running and walking like normal children but they are obviously more active. My 2 year old is too small to understand when we ask her to stop jumping the few times that she does. Can these be the grounds for eviction and what can we do to protect our rights?
Asked on September 14, 2011 under Real Estate Law, Georgia
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If you have a written lease concerning the unit you are renting, read it carefully in that its terms and conditions control the obligations owed you by the landlord and vice versa in the absence of conflicting state law. If there is a provision concerning grounds for termination of your lease, read it in that it will most likely answer your question concerning whether or not your landlord can evict you from the rental just because your chidren are active.
Have any neighbors complained about your children? If not, your landlord would seem to have a hard time making a case that your children are disruptive.
I suggest that you take the offensive and write back to the landlord setting forth your position keeping a copy of the letter for future reference and need.
Good luck.
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