Paula J. Mcgill

Paula J. Mcgill

  • Landlord Tenant, Business Law, Family Law...
  • District of Columbia, Georgia, Maryland, New York
Badges
Claimed Lawyer ProfileQ&ASocial Media
Summary

Attorney Paula J. McGill provides personal service to a variety of clients. She is comfortable representing individuals and small to medium sized businesses. Moreover, Attorney McGill is not afraid to go after large corporations to force them to take personal responsibility for damages they cause. Her confidence in pursuing these companies comes from her 20+ years of experience. Furthermore, she is skilled in efficiently and effectively representing clients of most budgets. Many clients return for additional services or recommend her to family and friends. In addition to the offices noted below, the attorney has three additional offices in the Atlanta Metro area and access to numerous meeting locations throughout Gwinnett, Fulton, Dekalb, Cobb, Rockdale, and Newton Counties. Similarly, if you are located in Maryland (Baltimore, Prince George's County, or Montgomery County), Washington, DC, or New York (Long Island, NYC, Westchester) there is an office suite available to meet with Ms. McGill to discuss your legal matter. For more information about the practice or about your particular legal issue, please use the contact information form provided on this website or contact Attorney McGill at pmcgill@mcgilllawoffices.com. You can also read more about the attorney and legal issues on her legal blog to obtain more information at mcgilllaw.blogspot.com.

Practice Areas
  • Landlord Tenant
  • Business Law
  • Family Law
  • Employment Law
  • Divorce
  • Consumer Law
  • Probate
Additional Practice Area
  • Small Claims
Fees
  • Free Consultation
    I provide free 10 minutes initial consultations by phone or e-mail.
  • Credit Cards Accepted
Jurisdictions Admitted to Practice
District of Columbia
Georgia
Maryland
New York
Professional Experience
Managing Member
The McGill Law Firm, LLC
- Current
Associate
Lord Bissell & Brook (Now Locke Lord Bissell & Liddell)
-
Associate
Wallace King Marraro & Branson
-
Associate
Piper & Marbury (Now DLA Piper)
-
Education
University of Pennsylvania
J.D. / Law
-
Kennesaw State University
MBA / Finance
-
Emory University
B.B.A. / Finance
-
Legal Answers
295 Questions Answered

Q. Can i get out of my lease if there is server water damage and black mold on my ceelings?
A: The first thing is to contact code enforcement regarding the leaking roof. Also, have a professional mold service test the mold. Not all mold creates a health hazard. In court, if you don't have an expert, your beliefs about the mold are irrelevant. Once you have code enforcement come in and have the mold tested, you will be in a better position to negotiate a written termination of the lease. It is dangerous to just leave or leave on an oral agreement. Early terminations must be in writing and signed by both parties. Also, in the negotiations, you may want to demand a concession on your rent. One of the worst things you can do in most counties in Georgia is to withhold rent or just vacate. When tenants take that route, the landlord will file a dispossessory to evict. Although the tenant can file a counterclaim regarding the damages and decreased in value of the lease, the judgment is usually in favor of the landlord to evict the tenant. This is true even though the tenant may decrease the judgment with an offset for the counterclaim. Of course, an eviction on your record will make it more difficult to rent in the future.
Q. Is my landlord allowed to keep my deposit for a month to month lease with no end date and balance owed
A: You were month to month. Therefore, you were required to give 30 days notice that you were terminating the lease, unless the lease you had required more time. Some leases require the tenant to give 60 days notice. You stated you moved November 30 giving your landlord a 30 days notice. If you moved November 30th, did you give the 30 days notice at the end of October? If you gave the notice on November 30th when you moved, did you pay for December? If not, the landlord has the right to hold your security deposit for the unpaid rent for December. You claim you left because of mold, construction and electrical issues. Are those documented? Did you request repairs and the landlord failed to perform the repairs? When did you make the repairs? What type of mold is it? Georgia's laws tilt toward the landlord. Unless you handled everything correctly regarding your notice, providing a forwarding address, and paying for the last 30 days, you may have forfeited your security deposit.
Q. Im a tenant and my landlord called yesterday saying ive got to vacate the premisies in a week we have a yearly lease
A: Look at your lease. Is there a provision relating to a sale? Is there an early termination provision? If so, how much notice is required? If the landlord wants you out, he may have to wait until the lease termination date. When does the lease expire? You may need to take the lease to an attorney's office for a full examination of the contract and a discussion of your rights.
Q. We notified tenant that 12 month lease would not be renewed at end of lease. Can tenant break lease 3 months early?
A: If there isn't an early termination provision in the lease, the tenant cannot simply stop paying rent and leave. You have to make it clear that you object to the move and intend to hold him to the full three months plus damages. Also inform him that accepting the keys is for the sole purpose of protecting the house and does not mean the lease has terminated. Remind the tenant that the security deposit is for damages first. You don't know if there are damages to the house because furniture and other items are still in the house. I hope you have the tenants social security number and date of birth to track him down to sue for rent and any damages less the security deposit.
Q. How can i get a divorce without my abusive husband signing the papers
A: If you cannot afford an attorney, call the county bar association in your county to see if there are local pro bono referrals. If you don't qualify for a pro bono attorney, there may be county specific divorce forms you can complete so you can start the process. You don't need your spouse's approval to obtain a divorce.
Q. If an upstairs tenant constantly causes leak in downstairs and knows it. And landlord has warned of consequences.
A: Tell the landlord that this tenant and the landlord (by not dong anything) are violating your quite enjoyment and causing you damages. You intend to hold both of them liable for any damages, including negligence and breach of the lease. If the matter isn't handled in 10 days, you may have to take the tenant and the landlord to court.
Q. Can I get my kids from another state or keep them and not let them go back when they come to Georgia?
A: You didn't state how long the children have been in SC. You also haven't said if you have gone to SC. In any event, it will be quite easy if the children have been in SC less than 6 months. In Georgia, if the parents were not married and the father hasn't legitimated the children, the mother has sole physical and legal custody of the children. Contact a SC attorney in the county where the children are currently located to find the best option for you. However, the longer you wait by just sitting in Georgia, the harder is going to be to get them back.
Q. Can former landlord keep my deposit and sue me on top of that for alleged damages?
A: Under the law, the security deposit is supposed to be placed in a trust account. If it is not, the security deposit cannot be withheld for damages. The exception would be if the owner did not have a management company and did not have more than 10 rental units. (See OCGA 44-7-36) Moreover, if you sue for return of your security deposit, the judge can award you three times the wrongfully withheld deposit plus attorney's fees. If you sue in Magistrate Court and are unhappy with the results, you can appeal to State or Superior Court. At that point, the evidence is submitted again before a new judge. Yes, in both cases, judges generally follow the law.
Q. I recently got married and my husbands ex is demanding more child support due to us being married can she do that
A: He can asked for anything, but that doesn't mean he will actually get it. He will probably argue that your expenses have declined as a result of being married. If you moved into his house or apartment, your expenses have definitely declined. It is up to the judge to hear both sides and make an assessment. This isn't a cut and dry case. If he has a lawyer, you should think about hiring one.
Click here to see all answers
Social Media
Contact & Map
Conyers
1775 Parker Rd.
Bldg. C, Suite 210
Conyers 30094
USA
ATLANTA, GA
1050 Crown Pointe
Suite 500
Atlanta, GA 30338
USA
Telephone: (678) 353-3217
Fax: (888) 808-1605
GWINNETT OFFICE
5425 Peachtree Parkway
Peachtree Corners, GA 30092
USA
Telephone: (770) 367-1234
COBB COUNTY OFFICE
2265 Roswell Rd.
Suite 100
Marietta, GA 30062
USA
Telephone: (678) 353-3217
Fax: (202) 747-2882
ROSWELL/ALPHARETTA
300 Colonial Center Parkway
Suite 100
Roswell, GA 30076
USA
Telephone: (678) 353-3217
Fax: (202) 747-2882
Stone Mountain, GA
925 Main Street
Suite 300-36
Stone Mountain, GA 30083
USA
Telephone: (770) 367-1234
Fax: (888) 808-1605