bamawebster
New Member
My jurisdiction is: Fulton County, GA
I leased a home is Roswell GA June 20th 2008. I met with the landlord(husband and wife), read over the lease, and signed. They only had one copy, so they said they would mail me a copy of the lease.(first mistake) October 7th, 2008 I get a letter from an attorney representing the homeowners association and they state they have sent 3 warning letters to the landlord stating he is renting against the covenants of the neighbor hood and they will take action to evict if landlord does not.
I called the attorney(home owners association) and yes, leasing/renting is against the policy of the neighborhood. Attorney(homeowners association) then sent a letter to the landlord, stating I called, and he had confirmed I must move out and the owner/landlord will incur a $25/day charge every day I am there until evicted.
I spoke with the wife landlord and she asked what my plans were. I told her I was making plans to move and would let her know the details soon.
Once I made arrangements(I cant change now), all is set to move, I sent a notice to the landlord and stated to apply my security deposit toward the rent. I have only been here 4 months and I am being evicted due to their actions, I only saw it fair. They requested I not do anything and pay the rent. I stated to them that all arrangements have been made and I gave them a move out date. I also call the attorney for the home owners association and tell them my plans on moving so they do not move forward with eviction.
I then get a notice from the husband landlord, also an attorney in Atlanta, stating he is taking care of the issues and for me not to move and pay the current rent. Again I stated I have already made plans and will move in less than 2 weeks. He then goes to board of home owners association and asks for a hardship exemption. He threatened to foreclose on the house and they granted him a lease exemption.
Husband landlord(and attorney) says I need to pay the rent, he fixed the eviction problem and he will enforce the lease.
I contact my attorney, and my attorney requests a copy of the lease. We questioned the legality of the lease from the beginning.
The attorney then faxes a copy of a lease with my signature on the last page of a lease I have never seen. Of course the signature page is on a blank page at the end of the lease. Totally different than what I signed but I never received a copy. The signature page is a different font and different size that the lease he attached. There were very specific details of the lease I remembered that are not included in this "lease" he sent my attorney. I had a pet policy(now not included), I had a specific amount of time before a late fee would be charged(now not included), I have the ability to terminate the lease(now not included), and finally if I choose to only rent and not purchase, I agreed to allow them to relist home on the market in month 8 of my lease.(again, not in the fake lease he sent my attorney)
We found a copy of the lease you can download online with the exact same signature page I signed(even had same font mistakes). The lease attached to the signature page resembles what I signed. Then I found a copy of the identical lease he sent to my attorney(with some slight changes) and it has a totally different signature page.
This landlord has requested my attorney make a settlement or he will enforce the lease. I know he can't because I know for a fact that is not the lease I signed.
Any advise here? I am going to report him to the State Bar of Georgia with Ethics charges(not sure what they will do). My attorney is not a landlord/tenant atty, and knows what is going on in illegal, but says we need him to present the original document, have it analyzed to show the ink was done at different times, and then I can move forward with forgery charges.
I was wondering if anyone had advice or has had this happen to them. This is why attorneys have a bad rap. They try to change the law to fit their need or they just lie.
As of now, the attorney threatened to sue me and will enforce his "fake" lease(so he says). My movers will be here in 2 weeks to move me. Any advise is greatly appreciated.
I leased a home is Roswell GA June 20th 2008. I met with the landlord(husband and wife), read over the lease, and signed. They only had one copy, so they said they would mail me a copy of the lease.(first mistake) October 7th, 2008 I get a letter from an attorney representing the homeowners association and they state they have sent 3 warning letters to the landlord stating he is renting against the covenants of the neighbor hood and they will take action to evict if landlord does not.
I called the attorney(home owners association) and yes, leasing/renting is against the policy of the neighborhood. Attorney(homeowners association) then sent a letter to the landlord, stating I called, and he had confirmed I must move out and the owner/landlord will incur a $25/day charge every day I am there until evicted.
I spoke with the wife landlord and she asked what my plans were. I told her I was making plans to move and would let her know the details soon.
Once I made arrangements(I cant change now), all is set to move, I sent a notice to the landlord and stated to apply my security deposit toward the rent. I have only been here 4 months and I am being evicted due to their actions, I only saw it fair. They requested I not do anything and pay the rent. I stated to them that all arrangements have been made and I gave them a move out date. I also call the attorney for the home owners association and tell them my plans on moving so they do not move forward with eviction.
I then get a notice from the husband landlord, also an attorney in Atlanta, stating he is taking care of the issues and for me not to move and pay the current rent. Again I stated I have already made plans and will move in less than 2 weeks. He then goes to board of home owners association and asks for a hardship exemption. He threatened to foreclose on the house and they granted him a lease exemption.
Husband landlord(and attorney) says I need to pay the rent, he fixed the eviction problem and he will enforce the lease.
I contact my attorney, and my attorney requests a copy of the lease. We questioned the legality of the lease from the beginning.
The attorney then faxes a copy of a lease with my signature on the last page of a lease I have never seen. Of course the signature page is on a blank page at the end of the lease. Totally different than what I signed but I never received a copy. The signature page is a different font and different size that the lease he attached. There were very specific details of the lease I remembered that are not included in this "lease" he sent my attorney. I had a pet policy(now not included), I had a specific amount of time before a late fee would be charged(now not included), I have the ability to terminate the lease(now not included), and finally if I choose to only rent and not purchase, I agreed to allow them to relist home on the market in month 8 of my lease.(again, not in the fake lease he sent my attorney)
We found a copy of the lease you can download online with the exact same signature page I signed(even had same font mistakes). The lease attached to the signature page resembles what I signed. Then I found a copy of the identical lease he sent to my attorney(with some slight changes) and it has a totally different signature page.
This landlord has requested my attorney make a settlement or he will enforce the lease. I know he can't because I know for a fact that is not the lease I signed.
Any advise here? I am going to report him to the State Bar of Georgia with Ethics charges(not sure what they will do). My attorney is not a landlord/tenant atty, and knows what is going on in illegal, but says we need him to present the original document, have it analyzed to show the ink was done at different times, and then I can move forward with forgery charges.
I was wondering if anyone had advice or has had this happen to them. This is why attorneys have a bad rap. They try to change the law to fit their need or they just lie.
As of now, the attorney threatened to sue me and will enforce his "fake" lease(so he says). My movers will be here in 2 weeks to move me. Any advise is greatly appreciated.