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Anglin v. Moore

Under the circumstances of this case, the tenants' failure to comply with the notice requirements of O.C.G.A. § 13-1-11 subsection 1 3 did not preclude the award of attorney fees to them on their counterclaims in their landlord's dispossessory action.

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Conroy Anglin filed a dispossessory action against Sakinah Moore and Jeremy Ponds “the tenants”, and the tenants answered and asserted counterclaims for wrongful eviction, conversion, breach of the lease agreement, and attorney fees. The superior court entered judgment in favor of the tenants, including an award of attorney fees. Anglin filed an application for a discretionary appeal, which this Court granted. On appeal, Anglin argues that the trial court erred by awarding attorney fees to the tenants because they failed to specially plead their attorney fees claim under OCGA § 13-6-11, and to provide notice of their claim pursuant to OCGA § 13-1-11. We disagree and affirm for the reasons that follow.

The record shows that the tenants entered into a one-year lease agreement with Anglin to rent his townhouse. As a part of the lease agreement, Anglin kept the water bill in his name, but the tenants paid the water bill.1 At some point, the tenants requested additional time to pay the June 2013 rent. Thereafter, although the tenants were current on the water bill, Anglin had the water turned off to the apartment and closed the account. After about two weeks, the tenants began staying with friends but left their belongings in the townhouse. Anglin then changed the locks and went through the tenants’ items.

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