Eviction Do's and Don'ts In Georgia

Fulton County - Eviction Do's and Don'ts In Georgia

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Why You Must File An Eviction Proceeding In Court

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I often hear from landlords who want to "immediately" take off a tenant from their asset for non-payment of rent. Often the landlord has been exceedingly patient, having received no rent for weeks, even months. Sometimes the landlord was patient because the tenant lost a job, or a house member passed away. Other times the landlord was patient because the tenant had healing bills that were unforeseen. In every case, the landlord feels hurt, angry, and taken benefit of. The only repaymen the landlord receives for their kindness is having to pay the mortgage on the rental asset without receiving any rent!

While I can sympathize with the anger and discontentment in this situation (I own rental asset too) I must warn you, if you don't supervene the law about evictions, not only will you not gain your past due rent, but you might also be writing a check to the tenant and/or a good lawyer to get you out of trouble! The following are only a few examples of unlawful evictions according to the Courts in Georgia. 1) Removing the tenant's personal asset and placing it upon the street, unless this is done under the administration of the sheriff, acting under a court ordered writ. 2) Changing the locks to preclude the tenant from having way to the premises.

While the two examples above may be very obvious, there are other things a landlord can do which, if done, would violate the law. One landlord asked me if it was alright to enter upon the premises to take off all the appliances in the house. Someone else landlord asked me if it was okay to take off the front door from the house. Yet Someone else landlord asked me if it was okay to have the utilities disconnected because the tenant had failed to pay for the utilities that were in the landlord's name. My advice is No, No, and No! If you try any of these actions you could very well end up, not only having to keep the tenant instead of evicting them, but also paying punitive damages for your intentional interference with the tenants right of proprietary exterior of the court process. (See especially Albert Properties, Inc. V. Watkins, 143 Ga.App. 184 (1977).

Landlords who have violated the rules have attempted to "explain away" their actions by stating that the tenant "violated the rules first" by not paying rent, or some other breach of the lease. While it may make you feel good, blaming the tenant for causing your unlawful actions will not work.

"It is basic that the landlord cannot evict as and how it pleases and in the process damage or lose the tenant's personal asset and then obviate its negligence by proving the tenant had violated the lease terms (the grounds for eviction), for then there would be no such thing as a cause of activity for unlawful eviction." Kerlin v. Lane Co., 165 Ga.App. 622 (1983).

The courts have even held that a landlord that authorizes or acts in a way which intimidates the tenants into "voluntarily" leaving, even though the landlord did nothing to physically interfere with the tenant's possession, are branch to paying damages to the tenant. (See Sinclair Refining Co. V. Stovall, 41 Ga.App. 214 (1930).)

Why You Must Move send With Eviction, Even If The Tenant Leaves

Many landlords ask me if it is okay to stop the proceeding once the tenant has "abandoned" the property. There are several reasons why I suggest landlords to move forward. First, unless you move send you will not be able to gain a money judgment against the tenant. Second, and perhaps more importantly (especially if you believe it will be impossible to gain a money judgment against the tenant), there is a possibility that the tenant could come back and claim you unlawfully evicted them!

Suppose you file the paperwork with the Court. The sheriff goes out to the asset and serves the tenants with the allowable paperwork. The tenants do not talk to the court paperwork but instead, apparently move out of the property. Assuming that they did not return the keys, and, they do not take off all of their personal asset from the premises, you Cannot re-enter the premises, even if they only leave behind a few old clothes and an (apparently) broken television. If you were to take off these items from the premises without a writ (court order), and without properly executing that writ under the administration of the sheriff's department... You've just accomplished an unlawful eviction! Of course I understand that, 9 times out of 10, the tenant may not ever come back, but if they do you'll be very sorry.

Another hypothesize to move forward, assuming the tenant was whether served personally, or that the tenant responded to the papers by filing a response with the court, is so that you can gain a money judgment. The courts will very likely award you all of the back due rent you claim, plus court costs in every case. Courts are a miniature more selective about awarding late fees and/or attorney's fees. Most courts will allow late fees if they are uncomplicated to understand (i.e. 0 after the 5th of the month), And they are uncostly (i.e. Less than or equal to 10% of the monthly rent). Courts will ordinarily also award attorney's fees if the lease is properly written, and you hired an attorney. Feel free to call my office if you have any questions. We'll be happy to discuss your definite situation without obligation, free of charge.

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