Here are some commonly asked questions on the topic of renting residential real estate:

Q: If I make application for a rental property, and I give the landlord a deposit, can I still change my mind?

A: Yes, you can change your mind about renting the property. However, once you have given a deposit to the landlord, he is typically under no obligation to return it to you.

If the landlord takes the property off the market while he is processing your application, and you change your mind about renting, you may lose the money you have paid. The purpose of the deposit was to show your sincerity in making application.

Q: If I am late on my rent and the landlord is trying to evict me, is there a way I can convince him to let me stay?

A: The best solution is to meet with your landlord and offer to better abide by the rental agreement. Most landlords are happy to have you stay if you make your rent payment on time.

However, Georgia law allows you to offer to pay all past due rent plus required late fees and any court costs as a complete defense to a dispossessory action. So if you offer to pay everything you owe, the landlord must let you stay.

However, this payment defense is allowable only once per year. In any future eviction within the next year, the landlord is allowed to reject an offer of payment and pursue your eviction.

Q: My landlord just called and told me my rent was going to double. Is that legal?

A: The law does not set any limits on how much rent may be charged for any piece of real estate. You are free to either accept or reject the proposed increase just as the owner is free to raise or lower the rent.

The law does require that the owner honor any rental rate set during the term of your lease agreement, provided the lease does not allow increases.

In addition, if you have no lease, the owner must give you sixty days notice of any proposed increase, while you must give the owner thirty days notice of your intention to move.

Because verbal leases depend on the recollection of the parties involved, it is always best to have a written lease.

Q: My landlord does not have a lease, and prefers to operate on a "handshake" instead of a written document. Is that legal?

A: Verbal lease agreements are legal in Georgia provided they are for one year or less. However, verbal leases are often difficult to enforce because there is typically no permanent record of what the agreement covers. I strongly recommend a written lease, even if it is just a piece of paper recounting your agreement that you both sign.

In a perfect world, it would be best to have your attorney draft the rental agreement so that you could have a complete understanding of the legalities involved.

Q: I hired an attorney to help me negotiate a lease with a landlord. We submitted our proposed lease, but the landlord refuses to accept it. Can he require that we use his lease instead of mine?

A: Yes, just as you are free to reject his proposed lease, he is free to reject yours. I would suggest that your attorney review the landlord’s lease, then talk with both of you about areas of concern. Attorneys are often skilled at helping the parties come to a mutually acceptable agreement.

Q: My landlord refuses to make repairs that I have requested. Can I go ahead and have the repairs done, then deduct them from the rent and send him the receipt?

A: No. First, you are required to notify the landlord of the need for the repair. This should be done in writing, and by certified mail if possible. That way, you have a record of the notification.

Next, the landlord must attempt to make the repairs in a reasonable amount of time. While the law is silent as to exactly what is reasonable, some have suggested that the amount of time allotted might be related to the nature of the repair. In other words, an overflowing toilet might logically require a more urgent response than a dripping faucet.

However, if, after repeated requests, no attempt at repair has been made, you can then notify the landlord of your intention to make the repair yourself and deduct it from the rent. If the landlord still ignores you, the law does recognize a "repair and deduct" procedure.

Unfortunately, such an action on your part will likely result in

your eviction, and you will have to tell your story to a judge. If the judge agrees with you, you will win the battle. If not, you will have paid for the repair with your own funds. Ultimately, it is hard to win a war with a landlord, because he owns the property.

The law says that the tenant’s responsibility is to pay rent, and the landlord’s responsibility is to repair. When both parties understand and fulfill their obligations as spelled out in the lease agreement, the rights of both parties are protected.

In this case, an open line of communication may be your best ally.