The Law Office of Auden L. Grumet, LLC
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Landlord/Tenant Disputes

Please note: This page is currently being revised and expanded. In the meantime, please review Mr. Grumet's attorney profile at Avvo.com.

Mr. Grumet has been counsel in scores of cases involving a wide range of landlord-tenant/leasing and related disputes, including, for example, the defense [and prosecution of] simple breach of lease agreements, failure to repair, constructive evictions, the defense of eviction/dispossessory proceedings, breach of the quiet enjoyment of the premises [a right implied in all residential leases], security deposit claims, claims for alleged damage caused by pets (and alleged breach of pet restrictions), damages from mold [though Mr. Grumet has recently decided to try and avoid most mold-related claims], security concerns and even bedbug cases, just to name a few.

Mr. Grumet has also represented (and is currently representing) individuals against eviction/dispossessory proceedings brought by banks and former lenders who previously held a mortgage on the individual's residence and subsequently foreclosed on the property, which usually means that the individual is thereafter considered what is called a "tenant at sufferance" - i.e. instead of being a property owner they are then considered tenants who can be evicted from their former residence.

Generally speaking, challenges to a landlord's title or ownership of the property is not a proper basis for a tenant's defense to a dispossessory action. See, e.g., Davis v. CitiMortgage, Inc., 309 Ga. App. 385 (2011). And the same is true once a foreclosure has occurred, as challenges to a foreclosure sale cannot be asserted as a defense in a subsequent dispossessory proceeding. Vines v. LaSalle Bank Nat. Ass'n, 302 Ga. App. 353 (2010).

So while more often than not these cases are a matter of defending against the inevitable, one important thing that can be gained in the interim is that the client can "buy some time" to try and accomplish any number of other goals, such as purchasing another property [and, though very uncommon, even re-purchasing the same property], preparing to move and even preparing for litigation against the former lender for a claim of wrongful foreclosure. But since it is very difficult for a victim of wrongful foreclosure in Georgia to "redeem" the property - particularly when a bona fide third-party has purchased it for value, without notice of the alleged problems - most plaintiffs will be limited to damages for compensation (as opposed to equitable relief which could restore the parties to their pre-foreclosure positions - i.e. giving the property back to the Plaintiff).


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