Being evicted in 3 Days, need help

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Leressea

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I was searching for an apartment, when I came across the one I live in now since February. Before I moved in I inquired about the pet policy, as I have a ball python that has been in the family for 8 years, he stated he did not have a problem with it. After moving into the apartment the landlord stated that there was a small leak underneath the kitchen sink and that he would fix it in a few days, to this day it still has not been fixed. For the first few weeks I had to empty the dish underneath the sink and when I came home from work one day it was not the same dish. The landlord had entered my apartment without telling me to replace the dish underneath because he needed. I spoke to him in regards to this and told him to please inform me prior to entering so I can make arrangements. He also decided to send me a letter warning me to get rid of the snake because it was deadly and would eat my son; he sent a letter as well. I spoke to him in regards to this and he's like I still have to send out a letter, so I sent him a letter in response to stating that I had asked before I moved in and he was fine with it and if I knew to begin with I would not have moved in. He states he never received it. Then the first part of June I called and sent him a text to come and look at the central air unit because it was not registering the temp in the house and that it was constantly hot. It took him a week to respond and by them my sister had come up from Daytona Beach and was going to spend the summer in Georgia. I then called again to let him know, he came out and replaced the temp gauge with a new electronic one and did not bother to look at anything else. I also informed him that there where bugs in the house and that I was going to have pest control come spray and that I would like for him to spray the storage apartment next door so that they would not come back over. He stated that there is nothing in the apartment to warrant him spraying anything. No matter how hard I try to get rid of the bugs they keep coming back and he does nothing about it. That is when it started with all the stares he keep giving when someone came to visit or when my sister and her family stayed over. He keeps constantly trying to be in my business and run my household. My sister was cleaning my house one morning and set the trash on the front porch for me to get when I came home because she did not have a Floyd county tag. He sent me a text message informing me that it was against the lease to put trash on the porch. I called my sister to find out what was going on and she told me she spoke to him and that he was fine with it. I replied to his text and confronted him and he apologized. Then he kept at it, and started to involve my 12 year old niece treating her as an adult and not talking to me instead. My other niece had decided to spend the weekend with us and while she was there she brought over her puppy that she had just gotten to play with the rest of the kids. The landlord then asked my 12 year old niece who the dog belonged to and she automatically responded that it belonged to her aunt and he assumed that I was the aunt she was referring to. This all started when I took my vacation the week of July 17. The next morning we were getting ready to go and throw the trash and run errand I set the trash outside to put on the porch, and shortly after that the landlord knocked on the door to complain. He started in on the dog and it was not allowed in the house and that I need to inform him when I got a new pet to sign a pet lease and pay a deposit. I informed him that the dog did not belong to me and that it was my nieces who did not live with me and he kept going on and on about the dog that I need to assure him that it did not belong to me. He finally left and underneath his breath mutters something about the trash and I said that we were leaving to take it off. Once we finished our errand we went to Lowes to purchase a deep freezer. We brought it home and I backed into the drive and used the other space next to my apartment, which the landlord stated I could use at any time because that would be the last apartment he would be fixing up. Once we got it unloaded and I loaded up the trash from it to be taken off I went back in the house to get something to drink. My 12 year old niece was outside and she came in stating that the landlord wanted to speak to me. So I stepped out and my sister followed, he then proceeded to yell across the yard, "I'm not gonna tell you again to move your car." I then asked when did you tell me to begin with and that is when he decided to come over to argue. He started in on me not being able to park there and I reminded him of what he told me and that I was unloading a heavy appliance. He then when on and on about home many things I have broken in the lease. Like how I set the trash on the front porch, how I have a deadly snake, how my sister has been living with me for 3 months and so forth. My sister decided to inform him that she did not leave the state of Florida until June 10th and that she had not been living with me for 3 months and she can prove it, because she stays with the rest of the family as well. He then started arguing and decided to start cussing and was doing it in front of my 12 year old niece, 4 year old son, and 4 years old nephew and my 6 year old niece. I told him he need to not use that language in front of them but keep going on and stated since I broke so many things in the lease that he would just evict me. I made sure to have an officer come out to file a report of him when he was cussing in front of the kids. A few days later there was a letter on my door from him stating that he was giving me 60 days to move out and he stated the reason why.

1. Trash on the porch
2. Having a deadly constrictor in the house
3. Having a dog in the house without having a pet lease or paying a deposit
4. having additional occupants
5. parking in another apartments parking space, and then calling the law after being told to move it

So I spoke to a friend of mine who works for a real estate company dealing with their rental properties and she wrote me a letter to send to him giving him my notice to move so that he could not charge me for the remained lease. I sent it to him certified letter. He sent me another copy of his eviction noticed via certified mail. I still however kept up with the rent and the keeping his apartment clean. I still called him in regards to the ac and he just kept ignoring me. The weekend of august 16th I called and left him a message because the water heater began to leak. That is when the company I work for moved to their new building in Kennesaw, Ga and we started commuting on August 16. Since our phone system was not working so easily, I called and left him a message and gave him my sister number to call. He finally called my sister on August 17th and asked if he could come on the 18th to take a look at it. He never bothers to show up or have the decency to call. So on the 19th I called and left him a message again. He finally decided to call my sister and told her that he would come out on August 23 to inspect it; she then informed him that it would be a better idea to come out a.s.a.p. because it was leaking under the wall and into the second bedroom and causing mold/mildew and a bulge in the carpet. He showed up at 7 that evening and had to call a plumber out to get it fixed. He even tried to haggle with the plumber. The plumber cut the water heater off and was back the next 2 days to replace it with a new one. That is when my sister had to move everything out of the second bedroom and into either my room or the living room. He pulled up the carpet and took out the wood and brought in a dehumidifier and a turbo fan. So for the next few weeks my sister had to sleep in the living room with her son and daughter. I needed her to stay with me to get adjusted to the commuting and making sure my son got to school. We kept trying to call and text him over the next few days to come fix the rest of the floor and he kept ignoring it. He finally came over when I was at home when I was spending time with my family and cooking supper. By than we had turned off the fan and dehumidifier because the floor was dry. That when he decided to get snippy and say I should leave it one, I then proceeded to tell him the floor was dry and he mention the mildew/mold. I then informed him I think I would be able to tell since I am allergic to mold/mildew. He decided he wanted to argue some more, then he left. Couples more days go by and he tries to contact my sister, and at this point she was in a meeting and he came over after wards. He decided to argue with her, and she decided to tell him that her ex-husband who is a contractor came over to inspect the floor and told her that it was dry. He gets mad and takes his fan and dehumidifier with him. I received the water and power bill in the mail and the power bill is still high and now my water bill is high. All the time while this is going on, he is working on another apartment to get it ready to ready, he is more concerned with that, then fixing anything else. He planned to fix the things when we moved out. For the month of September I have not sent him any rent due to him not fixing anything, the bug situation, and not having a full 2 bedroom apartment.
 
After reading through your entire posting, I couldn't find an actual legal question so I'm assuming you're concerned that you have only 3 days left on the 60 day notice and you're wondering what you can do about this, correct?

In Georgia if you do not have a written lease you are considered to be a month to month tenant (or tenancy at will as it is sometimes called); in other words, your lease begins the first day of each month and ends the last day. Such a lease can be terminated by either party with adequate written notice (30 days by the tenant, 60 days by the landlord) and no reason for this need to be given.

However, a landlord cannot actually evict anyone. Only a court can do that. If the notice expires in 3 days and you haven't vacated the rental unit your landlord must take the next step and actually file for an eviction through the court system. They will likely get this (both, because there really is no legal reason not to grant such an eviction if a month to month tenant has not adequately responded to the 60 day notice and because withholding rent is an excellent way to get evicted).

What, exactly do want here? Your posting really wasn't clear; sorry.

Gail
 
due to the high utility bills and him not wanting fix anything and me not being able to fully use the apartment, i feel that i should not have to pay him the rent since he is the one that caused the high utility bills and not being able to fully use the entire apartment. do i need to write him a letter stating this or just allow him to go ahead and go through the court system and present it to the judge?
 
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