XXXX
Plaintiff in pro se
IN THE SUPERIOR COURT OF XXXX
STATE OF XXXX
XXXX,
Plaintiff,
vs.
XXXX
Defendants
Case No.: __________
PLAINTIFF’S VERIFIED COMPLAINT
NOW COMES Plaintiff XXXX, and files this Complaint against
Defendants XXXX and XXXX, and for cause would show this
Honorable Court as follows:
A. PARTIES
1. Plaintiff XXX (hereinafter “plaintiff”) is a Georgia resident with an
address of XXXX St. #188, Savannah, GA 31404.
2. Defendant XXXX(hereinafter “landlord”) is the landlord of
the property located at 100 Red Bud Lane, Pooler, GA 31322.
3. Defendant XXX (hereinafter “Moore”) of address 1318 East Henry
XXXX, is a tenant at the landlord’s property.
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PLAINTIFF’S VERIFIED COMPLAINT – 2
B. JURISDICTION AND VENUE
4. Jurisdiction exists in this Court pursuant to O.C.G.A. 9-10-30 and O.G.C.A. § 9-
10-93.
5. Venue is proper in this Court because the causes of action described herein took
place in XXX County.
C. STATEMENT OF FACTS
6. Plaintiff is a tenant on the landlord’s property located at .
XXXX (hereinafter the “apartment”).
7. The landlord has permitted a nuisance to continue at the apartment. Plaintiff has
severally notified the landlord and the tenants of the property that the apartment is allegedly
involved in the trafficking of narcotics, harboring of fugitives, and is under constant police
surveillance.
8. It is also notable that law enforcement has been called to the apartment on
multiple occasions for “shots fired”, fighting, open use of drugs on the property, harboring a
fugitive, larceny, male prostitution, theft by conversion, battery, fraud, TPO violations, warrant
service, operating an illegal Airbnb, city code violations and animal control violations.
9. The landlord has spoken to law enforcement concerning the numerous problems
at the apartment but has failed to properly address the situation thus placing the welfare of the
tenants, neighbors, and the community at large in jeopardy of violence associated with the
alleged trafficking of narcotics.
D. CAUSES OF ACTION
FIRST CAUSE OF ACTION
Breach of Contract
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PLAINTIFF’S VERIFIED COMPLAINT – 3
(Against XXXX)
10. Plaintiff hereby incorporates the facts and allegations in Paragraphs 1-9 of this
Complaint as though set out in full herein.
11. “The elements of a claim for breach of contract are (1) existence of a valid
contract and (2) breach of the terms of [the] contract.” Poor v. Hill, 138 N.C. App. 19, 26, 530
S.E. 2d 838, 843 (2000).
12. A valid contract between Plaintiff and Defendant exists. It was executed by the
parties on [ENTER DATE].
13. The parties agreed to perform their obligations and that every party shall work
towards the fulfillment of the contract.
14. Under the agreement, Defendant agreed to provide and/or maintain the apartment
in a habitable manner.
15. However, the Landlord tolerates the disruptive behavior regarding the harboring
of a fugitive, larceny, male prostitution, theft by conversion, battery, fraud, TPO violations,
warrant service, operating an illegal Airbnb, city code violations and animal control violations,
and has refused to respond to other tenant’s and neighbor complaints about drug trafficking on
the rental property. Landlord is also aware of suspicious activity, including heavy traffic in and
out of the rental premises. Defendant’s act of being unresponsive to Plaintiff’s phone calls and
written correspondence does not amount to working towards the fulfillment of the contract.
16. The foresaid Defendant’s action and/or inaction is a breach of the contract since
Defendant had agreed to perform her obligations in fulfillment of the agreement.
17. As a result of the Defendant’s conduct stated above, Plaintiff has had to bear with
the nuisance created at the apartment. Plaintiff is forced to relocate and has to incur relocation
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PLAINTIFF’S VERIFIED COMPLAINT – 4
expenses.
SECOND CAUSE OF ACTION
Breach of the common law implied warrant of habitability
(Against XXXX)
18. Plaintiff hereby incorporates the facts and allegations in Paragraphs 1-17 of this
Complaint as though set out in full herein.
19. In Georgia, any person that is injured or otherwise bothered by drug dealers in a
landlord’s rental properties-be it another tenant or someone in the community-may sue the
landlord claiming that the rental property has become a public nuisance or poses a danger to the
community. A tenant can therefore prevail against a landlord who failed to keep the apartment
building safe for use.
20. The implied warrant of habitability implies that the home should be free from
unsafe conditions or other such problems that significantly hinder its habitability.
21. The Landlord tolerates the disruptive behavior regarding the harboring of a
fugitive, larceny, male prostitution, theft by conversion, battery, fraud, TPO violations, warrant
service, operating an illegal Airbnb, city code violations and animal control violations, and has
refused to respond to other tenant’s and neighbor complaints about drug trafficking on the rental
property. Landlord is also aware of suspicious activity, including heavy traffic in and out of the
rental premises. Defendant’s act of being unresponsive to Plaintiff’s phone calls and written
correspondence does not amount to working towards the fulfillment of the contract.
22. As a result of the Defendant’s conduct stated above, Plaintiff has had to bear with
the nuisance created at the apartment. Plaintiff is forced to relocate and has to incur relocation
expenses.
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PLAINTIFF’S VERIFIED COMPLAINT – 5
THIRD CAUSE OF ACTION
Negligence
(Against All Defendants)
23. Plaintiff hereby incorporates the facts and allegations in Paragraphs 1-22 of this
Complaint as though set out in full herein.
24. As the owners and/or managers of the apartment, Gerald Overdevest owed
plaintiff and other tenants the duty to ensure quiet enjoyment of their rented premises; the duty to
comply with all applicable state and local laws governing plaintiff’s rights as tenants; the duty to
maintain the apartment in a safe, healthy and habitable condition for the entire term of plaintiff’s
tenancy and the duty to not obstruct plaintiff’s full use and occupancy of the rented residences.
25. Don v. Moore also owed Plaintiff and other tenants a duty to ensure quiet
enjoyment of the apartment, the duty to exercise reasonable care in the use of the apartment, and
to avoid creating a nuisance in the apartment.
26. The Landlord tolerates the disruptive behavior regarding the harboring of a
fugitive, larceny, male prostitution, theft by conversion, battery, fraud, TPO violations, warrant
service, operating an illegal Airbnb, city code violations and animal control violations, and has
refused to respond to other tenant’s and neighbor complaints about drug trafficking on the rental
property. Landlord is also aware of suspicious activity, including heavy traffic in and out of the
rental premises. Defendant’s act of being unresponsive to Plaintiff’s phone calls and written
correspondence does not amount to working towards the fulfillment of the contract.
27. Don Moore is responsible for the harboring of a fugitive, larceny, male
prostitution, theft by conversion, battery, fraud, TPO violations, warrant service, operating an
illegal Airbnb, city code violations and animal control violations, and has refused to respond to
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PLAINTIFF’S VERIFIED COMPLAINT – 6
other tenant’s and neighbor complaints about drug trafficking on the rental property.
28. Defendants, by the conducts alleged above, so negligently and carelessly
maintained, and/or used the premises as to breach the duties that they owed to Plaintiff.
29. As a result of the Defendant’s conduct stated above, Plaintiff has had to bear with
the nuisance created at the apartment. Plaintiff is forced to relocate and has to incur relocation
expenses.
FOURTH CAUSE OF ACTION
Negligent Infliction of Emotional Distress
(Against All Defendants)
30. Plaintiff hereby incorporates the facts and allegations in Paragraphs 1-29 of this
Complaint as though set out in full herein.
31. As the owners and/or managers of the apartment, Gerald Overdevest owed
plaintiff and other tenants the duty to ensure quiet enjoyment of their rented premises; the duty to
comply with all applicable state and local laws governing plaintiff’s rights as tenants; the duty to
maintain the apartment in a safe, healthy and habitable condition for the entire term of plaintiff’s
tenancy and the duty to not obstruct plaintiff’s full use and occupancy of the rented residences.
32. Don Moore also owed Plaintiff and other tenants a duty to ensure quiet enjoyment
of the apartment, the duty to exercise reasonable care in the use of the apartment, and to avoid
creating a nuisance in the apartment.
33. The Landlord tolerates the disruptive behavior regarding the harboring of a
fugitive, larceny, male prostitution, theft by conversion, battery, fraud, TPO violations, warrant
service, operating an illegal Airbnb, city code violations and animal control violations, and has
refused to respond to other tenant’s and neighbor complaints about drug trafficking on the rental
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PLAINTIFF’S VERIFIED COMPLAINT – 7
property. Landlord is also aware of suspicious activity, including heavy traffic in and out of the
rental premises. Defendant’s act of being unresponsive to Plaintiff’s phone calls and written
correspondence does not amount to working towards the fulfillment of the contract.
34. Don Moore is responsible for the harboring of a fugitive, larceny, male
prostitution, theft by conversion, battery, fraud, TPO violations, warrant service, operating an
illegal Airbnb, city code violations and animal control violations, and has refused to respond to
other tenant’s and neighbor complaints about drug trafficking on the rental property.
35. The conducts of the Defendants are extreme and unusual because the Defendants
were under an obligation (implied or otherwise) to ensure quiet enjoyment of the apartment, to
exercise reasonable care in the management and/or use of the apartment, and to avoid creating a
nuisance in the apartment.
36. The Defendants intentionally refused and/or delayed addressing Plaintiff’s
genuine concerns regarding the nuisance, thus leading to Plaintiff’s injuries and/or harm.
FIFTH CAUSE OF ACTION
Intentional Infliction of Emotional Distress
(Against All Defendants)
37. Plaintiff hereby incorporates the facts and allegations in Paragraphs 1-36 of this
Complaint as though set out in full herein.
38. The conducts of the Defendants as set forth above were extreme, and outrageous.
39. The Defendants ought to have reasonably known that their actions and/or
inactions would cause severe harm on Plaintiff and other tenants. Notably, the landlord ought to
have known that its failure to address the disruptive behavior regarding the harboring of a
fugitive, larceny, male prostitution, theft by conversion, battery, fraud, TPO violations, warrant
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PLAINTIFF’S VERIFIED COMPLAINT – 8
service, operating an illegal Airbnb, city code violations and animal control violations, and
refusal to respond to other tenant’s and neighbor complaints about drug trafficking on the rental
property, would cause severe harm on Plaintiff and other tenants.
40. XXXX ought to have known that the harboring of a fugitive, larceny, male
prostitution, theft by conversion, battery, fraud, TPO violations, warrant service, operating an
illegal Airbnb, city code violations and animal control violations, and refusal to respond to other
tenant’s and neighbor complaints about drug trafficking on the rental property, would cause
severe harm on Plaintiff and other tenants.
41. Defendants filed to consider the adverse effects of their actions and/or inactions
on Plaintiff and other tenants.
42. As a result of the Defendant’s conduct stated above, Plaintiff has had to bear with
the nuisance created at the apartment. Plaintiff is forced to relocate and has to incur relocation
expenses.
SIXTH CAUSE OF ACTION
Declaratory judgment
(Against All Defendants)
43. Plaintiff hereby incorporates the facts and allegations in Paragraphs 1-42 of this
Complaint as though set out in full herein.
44. There now exists, between the parties hereto, a dispute and controversy to which
the Plaintiff and the Defendants are entitled to have a declaration of their rights and further relief
relating to the facts and circumstances as set forth in this action.
45. The dispute is whether the Defendants are liable for violating Plaintiff’s quiet
enjoyment of the apartment, and for creating (or failing to address) a nuisance in the apartment.
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PLAINTIFF’S VERIFIED COMPLAINT – 9
46. Plaintiff respectfully request this Honorable Court issue a declaratory judgment
declaring that the actions and/or inactions of the Defendants are blameworthy, and issue
appropriate remedies thereof.
E. PRAYER FOR RELIEF
REASONS WHEREFORE, PREMISES CONSIDERED, Plaintiff respectfully requests
this Honorable Court to grant him the following reliefs:
a. Grant judgment in favor of Plaintiff;
b. Award Plaintiff general damages;
c. Award Plaintiff damages for breach of contract;
d. Award Plaintiff relocation expenses,
e. Award Plaintiff punitive damages;
f. Award Plaintiff costs of this suit;
g. Award Plaintiff pre and post-judgment costs and interests;
h. Award Plaintiff such equitable relief as this Court deems fair; and
i. Award Plaintiff such other and further relief as this Court deems necessary and proper.
Dated this ____ day of XXXX.
Respectfully Submitted,
___________________________________
XXXX,
Plaintiff in pro se
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PLAINTIFF’S VERIFIED COMPLAINT – 10
VERIFICATION
I, XXXX, being duly sworn depose and say that I have read the foregoing Complaint
and know the contents thereof. That the same is true of my own knowledge except as to those
matters and things stated upon information and belief, and as to those things, I believe them to be
true.
_________________________________
(Sign in the presence of a Notary Public)
Sworn to and subscribed before me this ___ day of XXXX.
______________________________
Notary Public
________________________________________
(Printed name of Notary Public)
My Commission Expires: ____________________
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