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Credit & Debt
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Repairs
& Maintenance
Search for the word repair using CTRL F or
Command F (for Macs).
FAQs on the following:
The landlord's duty to make repairs, Repair and Deduct, Your rights to pest
control and air conditioning, Your rights to change the locks or make minor
alterations, Making use of the local housing and health codes, Your right to be
compensated for personal property damaged by the landlord's failure to make
repairs.
Uninhabitable
Premises/Constructive Eviction (Consumer-SOS)
Has your landlord breached his repair obligations
and made your apartment unlivable? (must be very serious to qualify)
Getting The Landlord To Make Repairs
(Consumer-SOS)
Tips, tactics and your legal rights in Georgia.
GA Demand Letter For Repairs (Consumer-SOS)
Repair & Deduct
(GA)
Risk to Tenants: If as a result of
lawful repair and deduct, the landlord files an eviction notice against you,
this could turn up in a future background check and hurt your chances of
renting again. You do have a right to see background report that resulted
in you being denied housing. However, not everyone will be honest as to the
reasons your aplication was denied. So be careful with this one. Even if the
eviction attempt fails, it could still show up on a background check.
Specific GA Fact Situations and the Landlord’s
Duty to Repair/Maintain (GA)
Repair
& deduct, smoke alarms, pest control and what the landlord is not obligated
to repair. If it is
not in the lease, see if what your asking the landlord is something required by
local housing or health codes. It may mean they have a duty to maintain
or repair!
Tenant's Right To Break A Rental Lease in Georgia
Explains when breaking a lease is legally
justified and how to minimize your exposure when you have to leave
regardless.
Help Resources In Atlanta
(Consumer-SOS)
How to deal
with housing code problems, discrimination, roommates, late rent and lack of
money, finding an apartment, transportation, health & safety and more.
Georgia Cases On Duty To Repair.
Search on page for the term repair using ctrl F
or Command F (for Macs).
p.15, cannot contract out of obligation to repair (Residential lease only)
pp.35-26 Duty To Repair,
p.36 Constructive Eviction for failure to Repair,
p.41 constructive notice of repairs, duty to inspect
p.42 Punitive Damages For Failure To Repair,
Put case cites or key words into
Google Scholar
to find the most GA recent cases.
Then Click on the "How Cited" button to get even newer cases.
http://militarylegal.org/landlord_tenant_law
Security deposits, duty to repair (includes
appliances), holding over, evictions (very good for the latter)
Landlord Tenant Help For Soldiers At Fort Benning
Frequently Asked Questions and Where to Go For Help.
Getting Your Landlord To Make
Minor Repairs (General)
Cleaning
& Repairs A Landlord Can't Charge For
(Not state Specific)
Tactics To Get Your Landlord To Make Repairs (Not State Specific)
Find Your
City's Municipal Codes
Learn how your city code treats, garbage, nuisance and safety hazards. If you
can't find your city, follow their links to other code sites that can help you.
Landlord Tenant Laws
In 49 States & DC (Missing LA)
Where
To Go For More Help (Consumer-SOS)
Does the landlord have to provide for and pay for pest control?
Landlords in Georgia are not automatically required to provide pest control unless your lease says so. However, if the pest problem is severe,
the landlord may be required to address the problem because the property's
condition violates local health and safety ordinances. Look to your lease and your city and county health codes to see what obligations if any,
these impose on your landlord. Below are resources to help you with the
law and with getting free legal advice.
Find Your
City's Municipal Codes
Learn how your city code treats, garbage, nuisance and safety hazards. If you
can't find your city, follow their links to other code sites that can help you.
Specific GA Fact Situations and the Landlord’s Duty to Repair/Maintain (GA)
Pest control is not guaranteed, unless your rental agreement provides that the landlord will supply pest
control services. Read your lease to see if
pest control is specified as the responsibility of the landlord. If it is
not in the lease, pest control may not be required of the landlord unless
local housing or health codes require it. If the pest problem in the apartment
is severe, the landlord may be required to address the problem because the
property's condition violates local health and safety ordinances.
Uninhabitable Premises/Constructive Eviction (Consumer-SOS)
Georgia Cases On Duty To Repair
Search for the word repair throughout document
using ctrl F or Command F (for Macs).
p.15, cannot contract out of obligation to repair (Residential lease only)
pp.35-26 Duty To Repair,
p.36 Constructive Eviction for failure to Repair,
p.41 Constructive notice of repairs, duty to inspect
p.42 Punitive Damages For Failure To Repair,
Put case cites or key words into
Google Scholar
to find the most GA recent cases.
Then Click on the "How Cited" button to get even newer cases.
Where
Else To Get Help
(Consumer-SOS)
Security
Deposits
Protecting
Your Security Deposit In GA (Consumer-SOS)
Advice on inspections, taking pictures and your legal rights if your deposit is
unlawfully withheld.
When The Landlord Can Keep Your Deposit (Consumer-SOS)
Georgia law.
Sample Demand Letters For Return Of Deposit
(Consumer-SOS)
Includes a letter from the tenant and a sample draft letter to be sent by your
attorney.
2021 Georgia Landlord-Tenant Handbook (Security Deposits)
Search for the word deposit within the document
for
FAQs on:
The time in which your security deposit must be returned.
Assessing the pre-occupancy condition of the rental unit;
Other deposits the landlord may ask for;
What the tenant and landlord must do at the end of the tenancy;
Valid and illegal deductions;
Challenging a bill your landlord sent to a collection agency;
The Georgia Court Manual On How State Court Judges Should Decide Various
Landlord Tenant Matters
Manual on the statutes, case law and procedures that judges
should follow when deciding issues on security deposits.
Landlord Tenant Help For Soldiers At Fort Benning
Georgia leases have a military clause. After you move into your rental, CHRRS
will assist you if you have any kind of landlord/tenant problems. If you
receive PCS orders or TDY orders in excess of 90 days, you can break your lease
with a copy of your PCS/TDY orders and a written 30-day notice.
Your
Rights When a GA Landlord Manages 10 or More Units (Consumer-SOS)
Landlords who
manage ten or more units are held to higher sta ndards than other landlords. To retain your security deposit, these landlords must follow each and
every procedure set forth in Georgia law.
Your
Rights When a GA Landlord Manages Under Ten Units (Consumer-SOS)
Collecting
Your Deposit When You Leave But Your Roommate Remains (Consumer-SOS)
Demand
Letter For Return Of Your Deposit (Consumer-SOS)
GA Security Deposit Statute
Rental Property Management
& The Law (GA)
Frequently asked questions about matters such as
Application fees, apartment occupancy limits, smoke detectors, your right to
appliances, the legal differences between a tenant, guest and boarder and more.
Tenant's Rights (Georgia
Legal Aid)
Security Deposits and Repairs,Terminations and Renewal Questions, Evictions and
Housing Discrimination.
What The Landlord Can & Cannot Charge You (Chart)
Items damaged by ordinary
wear & tear vs. those damaged by the tenant's negligence.
http://militarylegal.org/landlord_tenant_law
Security deposits, duty to repair (includes appliances), holding over,
evictions (very good for the latter)
Deadline For Returning Security Deposits (Chart For
50 States & DC)
Also has links to help orgs & law in many of the states. See their homepage for state guides on
Landlord-tenant law.
Deadlines
For LL To Itemize & Return Deposits (Chart For
50 States & DC)
State Limits On
The Amount You Must Deposit (Chart For All 50 States & DC)
The limits on how much $ the landlord can demand upfront.
Landlord Tenant Laws
In 49 States & DC (Missing LA)
May also have state specific brochures and pamphlets.
Security
Deposit Statutes
(In 48 States, Not in WV or WY)
Links to the actual statutes, state by state. (Lots of legalese)
Where
To Go For More Help (Consumer-SOS)
Rent Issues
Step by step on what to do and where to go for assistance.
Rent Payments-2021
Georgia-Landlord Tenant Handbook
(GA)
Search within document for the word rent
for FAQs on rent increases, late charges, bounced check charges and the
landlord's right to charge different rents for similar apartments.
Breaking My Lease-Can The
Landlord Make Me Pay For The Whole Lease Term? (Consumer-SOS)
Yes, No and Maybe. (But never the full amount if the landlord has a replacement
tenant).
If Yes, find out if the landlord make force you to pay all the rent
at once? (Accelerated rent clause)
Moving
Out (Consumer-SOS)
Notice Requirements,
Penalties, Lease Renewals, Inspections.
The Georgia Court
Benchbook On How State Court Judges Should Decide Various
Landlord Tenant Matters
Manual on the statutes, case law and procedures that judges
should follow when deciding landlord tenant cases. This offers inside
information on how the judge will see your case and how you can best argue your
position.
The left hand index has all you want to know about security deposits, evictions,
repairs, counter claims, summons, service ands more.
Help Resources In Atlanta
(Consumer-SOS)
Where to get
help paying your rent. Also has info on housing code problems, discrimination,
roommates, finding an apartment, transportation, health & safety and more.
Rental Property Management
& The Law (GA)
Frequently asked questions about matters such as
Application fees, apartment occupancy limits, smoke detectors, your right to
appliances, the legal differences between a tenant, guest and boarder and more.
Tenant's Rights (Georgia
Legal Aid)
Security Deposits and Repairs,Terminations and Renewal Questions, Evictions and
Housing Discrimination.
Landlord Tenant Help For Soldiers At Fort Benning
Georgia leases have a military clause. After you move into your rental, CHRRS
will assist you if you have any kind of landlord/tenant problems. If you
receive PCS orders or TDY orders in excess of 90 days, you can break your lease
with a copy of your PCS/TDY orders and a written 30-day notice.
Rent Control Law (Georgia
Forbids It)
Rent Due
Dates, Late Rent, Rent Increases (Not GA Specific)
For Those Without A Written Lease See Verbal Rental Agreements
Evictions
& Foreclosures
GA Evictions
Basics (Consumer-SOS)
What the Landlord Must Do Before Evicting You,
When Late payment of Rent Can Stop an Eviction,
How long You Have To Respond To A Dispossessory Warrant.
Evictions and The Dispossessory Process (2021 Georgia Landlord-Tenant Handbook)
Search for the word eviction or
disposses or
foreclosure for
FAQs on
Tenant Abandonment,
LL Removing Possessions without a Court Order,
Eviction Procedures and Service, tenant defenses and more.
Evicting A Houseguest
(Consumer-SOS)
What to do when your guest won't leave.
Georgia Evictions (For
Landlords)
The mechanics of:
1.
Notice
2. Filing/service
3. Default (if applicable)
4. Hearing (if
applicable)
5. the actual Eviction
http://militarylegal.org/landlord_tenant_law
Very Good For Evictions,
Holding over, etc)
How Much Notice Must The Landlord
Give Me To Move Out When I Had A Written or Verbal Lease For No Specific Time
Period? (Consumer-SOS)
Servicemember Rental and Eviction Protection
Under the SCRA, if you rent your home or apartment
and the rent does not exceed a certain amount ($3,851.03 per month in 2019)
then your landlord cannot evict you or your dependents while you are serving
on active duty without first obtaining a court order. In addition, you can
request that the court delay the execution of an order to evict you or your
dependents for 90 days.
Being
Served With Eviction Papers (Consumer-SOS)
The difference in Georgia between personal and post & mail service and how it affects
your legal rights.
Responding
To An Eviction Notice (GA)
Strategies, time periods and what happens next.
Tenant
Defenses Against Eviction (GA)
Your defenses and counterclaims that you can raise against your landlord when
served with an eviction notice.
Frequently Asked Questions Asked By Landlords & Tenants (Gwinnett
Magistrate Court)
Evictions, dispossessions, subpoenas, filings, evidence, witnesses and other court related matters.
Eviction
Law (The GA Statutes)
Mobile
Homes-Landlord's Right To Evict You (GA)
Soldiers' and Sailors' Relief Act:
If you're a reserve component service member called to active duty, you're
protected by a law that can save you some legal problems and possibly some money
as well. Under the provisions of the Soldiers' and Sailors' Civil Relief Act of
1940, you may qualify for any or all of the following: • Reduced interest rate
on mortgage payments. • Reduced interest rate on credit card debt. • Protection
from eviction if your rent is $1,200 or less. • Delay of all civil court
actions, such as bankruptcy, foreclosure or divorce proceedings.
Landlord Tenant Help For Soldiers At Fort Benning
Georgia leases have a military clause. After you move into your rental, CHRRS
will assist you if you have any kind of landlord/tenant problems. If you
receive PCS orders or TDY orders in excess of 90 days, you can break your lease
with a copy of your PCS/TDY orders and a written 30-day notice.
http://www.mrlandlord.com/html/frametop_frametop.html
(In 48 States, Not HI or MI)
This site has select laws from each state on security deposits, evictions and
landlord laws, but it's not consumer friendly. Their "landlord Laws
sections may have stuff on notice to end tenancy and other stuff tenants should
know.
Abandonment
The Georgia Court Manual On
Distress Proceedings: How State Court Judges Should Decide If The Landlord
Can Keep The Tenant's Property
This is most helpful to landlords who have already filed a
proceeeding in state court. For ex-tenants, see what the judges are looking
for and show how the landlord did not comply with it.
Help! My tenant was late on rent, abandoned the property, and now wants her stuff back! I already changed the locks and want to sell her stuff or at least hold on to it until I get the rent. So what do I do now?
The answers below may not apply if your facts are different than those described. Same goes if you have a written lease agreement, or are a HUD or mobile home landlord. Different facts may result in a different application of the law. Underlined facts may have extra importance.
When in doubt, consult an experienced Landlord/Tenant Attorney.
I (The legal Landlord) and the tenant had an unwritten
lease agreement where she would pay rent every week/two weeks/
month (choose one) She moved in on x date and there was no set
date for her to leave.
On__________, I entered the premises to find the electricity had been turned off and food was rotting in the refrigerator. (list any facts that show tenant had no intention of returning) The tenant's rent was already X weeks past due and she had not answered my phone calls, emails, knocks on the door, etc for x days. (briefly elaborate how you tried to contact her, and why you decided to enter the premises).
At this point I realized she had already abandoned the premises and had no intention of paying the rent. X days later I changed the locks.
On Y date the tenant called me to say she left x weeks ago and is only returning to pick up her belongings. She never mentioned paying the rent/said she couldn't/wouldn’t (briefly fill in what happened) She says she will pick up her property on _______. I told her yes/no you can’t/I didn’t say anything.
Questions You Need To Know The Answers To (For Answers Click on The Links)
Answers
What rights does the former tenant have to the
property she left behind? Is she now a trespasser or still a tenant?
If the property was clearly
abandoned, then the former tenant is now a
trespasser and cannot legally go on the property against your wishes, even if
it’s to reclaim her own property. See
Case Law on Abandonment
& Notice To End Lease Agreement
However, you may be required to hold onto the property/obtain a court order to sell it/trash it.
Right to Sell or Dispose of Property
Seek legal advice before selling or disposing of former tenant’s property.
A writ of possession authorizes the executing officer to remove a tenant's personal property and place it on some portion of the landlord's property or on other property that the landlord designates and the officer approves. The landlord owes no duty to the tenant regarding it. After the writ is executed, the property is regarded as abandoned.
If the tenant’s property is worth more than she owes you, she may be entitled to some of the proceeds if you decide to sell it. It may all depend on if the court or law determines the property was really abandoned. To protect yourself, itemize every bill and expense owed to you.
The following excerpt was taken from this link below
When the tenant vacates the premises prior to the end of the lease term, it constitutes abandonment of the tenancy. A landlord must be cautious in declaring rental property abandoned and taking possession. If a landlord mistakenly declares property abandoned and removes the tenant's property, the landlord may be held liable for the property the tenant lost.
It is best for a landlord not to consider property abandoned while rent is paid.
Once rent is past due it is best for the landlord to file a dispossessory affidavit and obtain a court order for possession of the property. This will protect the landlord from liability. If the landlord does remove the tenant’s property without a court order, it is a good idea for the landlord to take pictures of the property disposed of in case the tenant raises a claim against the landlord. It is good practice for a landlord to have language in the lease which states that personal property left in the rental property after termination of the lease will be considered the landlord’s property.
How do I prove tenant abandonment
and that eviction was not required for me to change the locks and keep her from
removing her belongings? Is there anything I can do here to legally protect
myself? What if she calls the police to get her property back?
To show abandonment, take date stamped photographs of rotting food, her
furniture, the condition of the apartment, piled up mail or newspapers (or no
mail because she forwarded elsewhere, etc.) If you don’t have a date stamp.
Make sure that today’s newspaper (date clearly visible) is in at least some of
the photographs. Take picture of carport to show her car is not there, etc.
Also use photos of her furniture to create a record of what’s there and not there, as well as to verify the furniture’s condition. The photos will be your alibi if she later claims you took or damaged something. Include any other evidence of abandonment, such as any letters, emails or voicemails indicating she won’t be back, etc. Develop photos fast and have them in your purse. Just in case she comes and the police are called.
See also Case Law on Abandonment & Notice To End Lease Agreement
Finish writing in the facts above and make sure you have the correct dates. You may need a copy of the facts to show a police officer or to attach to a court complaint. Be ready to obtain evidence of the dates and times you last communicated with the tenant, i.e. your cell phone records, emails, etc.
Consider Warning the police in advance of the expected situation and also seeking their advice on what to do if she comes on the property. This shows you are acting proactively (the behavior of the innocent) and gives you tips on how to handle this so the police will support you. And if she comes by and is the first one to call the police, they will be ready for her.
Call their non-emergency line (see government pages in phone book, do not call 911) Get the name of the officer and his/her backup to call if she comes on the premises. At the very least, you don’t want the police to allow her to remove her stuff without at least tendering the rent money.
The Two Excerpts below are from From a GA Lawyer’s website at
If The Tenant Has Abandoned The Property, Do I Need A Dispossessory
Proceeding ?
If your tenant has actually abandoned your property, then a
dispossessory proceeding may not be required to regain possession. However, this
can become very tricky because to have ACTUALLY ABANDONED
the property, there must be non-use by the tenant coupled with an intention to
relinquish all rights in the property. Since it's impossible for landlords
to know the intentions of their tenants, this is often an area where landlords
get in trouble. Thus it's always safer to have a dispossessory proceeding if
feasible.
My Tenant Has Abandoned The Property, But They Left All Their
Stuff
If your tenant has actually abandoned your property, but has left all of
their stuff inside, it's often tempting to just throw the items away. However, a
landlord faced with this situation can never be certain that the tenant will not
come back at a later date and demand that their property be returned to them. In
cases like this, it's prudent to handle such property very carefully.
We usually recommend that the landlord take photographs of all of the property and create a detailed list of the property, carefully denoting each item's condition. After this is done, have somebody who would make a good witness oversee the removal of the property from the premises. While disposing of the property would seem to be the most efficient approach at this point, it may be better to store the property in a safe place and send a letter to the tenant letting them know that if the property is not redeemed by a specific date, it will be disposed of. Following these procedures should protect you from liability in situations like these.
LEGAL CONCLUSIONS SUPPORTED BY THE FACTS IN ERFANI v. BISHOP, 553 SE2d 326, 251 Ga. App. 20 (2001).
THIS CASE SUPPORTS THAT:
1. IN VERBAL LEASE AGREEMENTS, THE TENANT MUST GIVE AT LEAST 30 DAYS NOTICE
OF INTENT TO
LEAVE. IF LESS NOTICE IS GIVEN, HE IS OBLIGATED TO PAY ANOTHER FULL MONTH'S RENT;
2. A TENANT CAN BE FOUND TO HAVE LEGALLY ABANDONED THE PREMISES BY
LEAVING BEFORE THE
LEASE TERM ENDS. (I.E. BEFORE THE TIME HE WAS OBLIGATED TO
PAY RENT FOR); (DISREGARD IF
TENANT UP TO DATE WITH RENT AND OTHER BILLS);
3. WHEN THE TENANT ABANDONED THE PREMISES AND WAS LATE ON HIS BILLS OR RENT,
THE LANDLORD
WAS JUSTIFIED IN CHANGING THE LOCKS WITHOUT RESORTING TO FILING
COURT PAPERS;
4. THE FORMER TENANT BY ENTERING AFTER THE LANDLORD CHANGED THE LOCKS, WAS
NOW A
TRESPASSER, WITH NO LEGAL RIGHT TO ENTER WITHOUT THE LANDLORD'S EXPRESS
PERMISSION.
TRESPASSER HAD NO RIGHT TO ENTER EVEN WHEN LANDLORD STILL HAD
HIS POSSESSIONS.
See also,
ERFANI v. BISHOP, 553 SE2d 326, 251 Ga. App. 20 (2001)
Click on above case name for the specific facts of this case.
Where there is an oral agreement, the law treats the agreement as a tenancy at will, which requires the tenant to give a 30-day termination notice prior to vacating the premises. See OCGA 44-7-6; 44-7-7; Diner One v. Bank South, 219 Ga. App. 702, 703-704 (466 SE2d 234) (1995); Stepp v. Richman, 75 Ga. App. 169, 170 (42 SE2d 773) (1947). The end of a terminated rental term occurs on the last day of the required notice month and not on the first day of the next month. See generally Lamons v. Good Foods, 195 Ga. 475, 478 (24 SE2d 678) (1943); D. Jack Davis Corp. v. Karp, 175 Ga. App. 482, 484 (1) (333 SE2d 685) (1985); Jones v. Atlanta Housing Auth., 148 Ga. App. 605, 607 (2) (252 SE2d 19) (1979). The tenant can terminate a tenancy at will with a full month's notice; if less notice is given, then he is obligated to pay another full month's rent. Western Union Tel. Co. v. Fain & Parrott, 52 Ga. 19, 21-22 (1874). When the tenant vacates the premises prior to the end of the term, this constitutes an abandonment of the tenancy. See generally White v. Orton Indus., 224 Ga. App. 342, 343-344 (480 SE2d 620) (1997); Treisch v. Doster, 61 Ga. App. 292 (6 SE2d 128) (1939); Baldwin v. Lampkin, 14 Ga. App. 828, 832 (3) (82 SE 369) (1914). Where the tenant abandons the premises prior to the end of the lease term and the landlord changes the locks, this gives rise to the inference that the landlord accepted the surrender of the premises, although a mere surrender of the keys to the premises may not give rise to the inference of acceptance of surrender of the premises. See generally Jenkins v. Smith, 92 Ga. App. 296 (3) (88 SE2d 533) (1955); Kessler v. Slappey, 34 Ga. App. 614, 617 (130 SE 921) (1925). When a former tenant reenters the abandoned tenant-premises after the term has expired, such entry is not in the legal relationship as landlord-tenant, which ceased upon the expiration of the term. Lasseter v. Fenn, 66 Ga. App. 173, 175 (17 SE2d 303) (1941). Thus, Erfani's entry into the property of the defendant on May 1 was not as a tenant holding over, but as a trespasser, because he had abandoned the premises and the defendant had accepted the surrender by installing the locks to keep him and anyone else out without her express permission for entry.
What Rights do I have To Keep/Sell the Property so I can collect past due Rent? Can I collect another month’s rent for her failing to give me 30 days notice? What if she pays rent twice a month rather than once a month? Must she still give me 30 days notice?
In an unwritten lease, the tenant must give 30 days notice to vacate or they're responsible for paying an additional month’s rent. The key is not whether the tenant paid bi-weekly or monthly. Where there is an oral agreement, the law treats the agreement as a tenancy at will, which always requires the tenant to give a 30-day termination notice prior to vacating the premises. ERFANI v. BISHOP, 553 SE2d 326, 251 Ga. App. 20 (2001).
A tenant paying every week would still have to give 30 days notice, not one week’s notice. See OCGA 44-7-6; 44-7-7
See Right To Sell Or Dispose of Property
How Landlord's Acceptance Of Premises May Prevent Right To Collect Future Rent Due To Tenant Breach
Legal
significance of changing locks after abandonment, the status of
holdover tenants after a written lease has expired, the right of
the landlord to personal property and fixtures the tenant leaves
behind, landlord liability due to illegal evictions, forceable entry, etc.
See also
The Georgia Court Manual On How State Court Judges Should Decide Various
Landlord Tenant Matters
This Manual has the
statutes, case law and procedures that judges should follow when deciding
landlord tenant cases.
Do Your
Own Free Background Checks (Sleuth For The Truth)
Free Youtube videos on do it yourself background
checks. Find out about their bankruptcies, felonies, misdemeanors, mugshots,
arrests, convictions, and more. Verify if someone is telling the truth about
their age, their past and their property. Also learn the things you never
thought to ask but really need to know. Good for landlords and those seeking
a roomate, singles on the dating scene, small business owners, investors,
single moms and parents.
Blogs
on Background Checks From Sleuth For The Truth
Background a business owner, your date or the
person you want to invest in. Also find their cell phone number, email
address or physical address, along with mugshots, criminal records, their
age and their bankruptcies. The know how and links to do these free online
background checks is all at your fingertips!