What constitutes grounds for a lawful eviction?

UPDATED: Sep 14, 2011

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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


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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