Eviction Actions in Cobb County Magistrate Court

 Last week, I was in Cobb Magistrate Court in a dispossessory action. Things have changed over there.

The following are just a few things you should know if you are served with an action to evict you.

1. Although the form for the landlord is online in the Cobb County Magistrate section, the form for the tenant isn't. This is unfortunate. However, there are still other counties that have the check box form online, including Cobb County. The check box form gives you ideas on defenses you can use. It also has a counterclaim section that will assist you in completing that area if you have a counterclaim.

2. If you walk in, the tenant form has a lot to be desired. If you want to file a counterclaim, make sure you attach an additional sheet with details and amounts. Again, the checkbox form answer sheet that is still online in other counties will give you ideas on how to present your counterclaim.

3. There is a nonprofit to give you some advice before signing a settlement agreement, but unless you have zero defenses, call a lawyer and take advantage of firms' free consultations before answering and before going to court.

4. Most times, hiring a lawyer to be with you in court should assist you in navigating what is clearly a stressful day. Paying may allow you to stay on the property until the end of the lease or deduct the claimed rent and fees.

In my case, I saved the client over $2,000, and that savings was after my attorney's fees were netted out. Additionally, she was able to stay on the property. Remember, if you want to stay on the property, you negotiate at a slight disadvantage, but you can have a good outcome nonetheless.

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Leaving a Rental Property Early as a Residential Tenant in Georgia

 There are numerous reasons to leave a property earlier than expected.  However, regardless of the reasons, the tenant and landlord should agree on termination provisions. 

1. A vast majority of leases require both parties to the lease to place their agreements in writing and have it signed by both parties.  Otherwise, the parties may be subject to damages.  

2. Even if the termination is based on constructive eviction, the tenant should consult an attorney.  Leaving early is risky.  The property has to be objectively uninhabitable, and you take the risk of having a court determine the place was not in fact uninhabitable.  An experienced tenant lawyer should be able to walk you through the thought process so you can make an educated decision.

3. If you claim the rental property is uninhabitable because of mold, hire a mold testing service who will complete a report and testify at trial, if necessary.  Taking pictures of a black substance is usually not enough to prove mold.  If you are claiming health issues caused by mold, you will need to take that mold report to the doctor to confirm that mold caused your health problems.  It will also be necessary for your doctor to provide a report that complies with the evidence rules. 

4. If there is an early termination provision in the lease, make sure you comply with that provision to the letter.  This requirement includes providing notice to the landlord in accordance with the lease. 99% of the time, oral notice and texts are deemed insufficient notice. 

5. If you have given proper notice for a date certain, you should coordinate an inspection and take pictures and videos of the rental property (inside and out).  The landlord has the right to refuse this request, but that does not waive your right to inform them that you have vacated, the keys and other items are where the parties agreed, in the drop box, or on the kitchen counter.  Just because your move out date is September 30th, doesn't mean the landlord can rely on that date.  You, as the tenant, have to tell them after you moved out that you have vacated.  This is so because some tenants say they will move on September 30th, but stay anyway.  You don't want to be charged for an extra month because you failed to notify the landlord that you have turned over possession.   

If you have further questions, contact The McGill Law at (770)367-1234 or demandingjustice@gmail.com.

SAVING THE INNOCENT LANDOWNER FROM TITLE FRAUD IN GEORGIA

 Today, I went on the Gwinnett Courts website and saw a warning to homeowners that alerts them to title transactions.  It's at gwinnettcourts.com  .  Kudos to the clerk and to Georgia for making the homeowner who goes to the site aware of the problem.  

However, what percentage of homeowner visit the site in Gwinnett?  

Even if they did a flyer drop to reach the elderly, would that be enough?

Is this measure enough to protect a vast number of victims?

Some may say the laws need to catch up with the thieves.  The entire transaction needs to be slowed down. True owners should be able to go into court within 12 months to challenge the transfer, lien, and fraud perpetrated by scammers. Between innocent homeowners and lending institutions, the innocent homeowner should be protected.   

There are other protections that owners should be allowed that are similar to those are afforded credit card holders whose credit cards are stolen and used.  There is already a model to this delayed full title transfer.  In tax foreclosure sales, the purchaser of that property knows there is a period that the owner can restore the property.  The only difference is once the "innocent/victim" shows fraud in Court, the responsibility falls on the transferee/lender to chase down the person or company that scammed them to obtain their funds.  If the lender or transferee is left "holding the bag" on these fraudulent transfers, greater care will be taken to confirm the validity of the transaction. 

If those holders are allowed 30 days to challenge transactions, there is no reason that land and homeowners shouldn't be given 6-12 months to restore heir status. 

Review Your Will, Power of Attorney, and Living Will

Now is the time of year to review your will, living will, and power of attorney. If things have changed, including births, deaths, marriages, asset purchases, friend disputes, or other life changes, call the lawyer who drafted it to get the will or POA modified.

You don't want a former friend to have control of your assets or control of your medical care. You definitely don't want to leave out that cute little grandchildren who was born in 2023.

Initial Consultations at the Firm

When you call the office for an initial consultation, please be prepared to give your full name and landlord's name. This gives me the chance to run a quick conflicts check. At least once a year, I receive call from both the landlord and tenant. In those rare instances, the second call will have to terminated. 

After those preliminaries are done, you can summarize the problem. Because the initial call is 5-10 minutes, I will interrupt with key questions that will help me assist you before time runs out. 

This is key because follow up calls are charged. For 2024, charges for follow up meetings are as follows:

Call - $175 for 30 minutes

Zoom - $185 for 30 minutes

Office - $200 for 30 minutes

If you want me to review a lease to see if you have a case, the charge to review the document is $200 (flat fee) for residential leases and $350/hr for commercial leases

My hourly rate for most cases is at least $400/hr.

I offer flat fees for basic tasks and Magistrate Court cases. Flat fee cases must be paid up front.

 

You Tube Landlord for Entertainment Purposes Only

A few days ago, I ran across this YouTube channel. It is entertaining, but don't follow his advice. 

In the video below, he runs through apartments that have been trashed. He doesn't take the damage checklist seriously. Instead, he says, the pictures show how bad it is. In Georgia, that wouldn't fly.

Landlord Damage Video

Georgia Landlord Requirements

In Georgia, a landlord must do a move-out inspection within 3 business day and complete the checklist (with estimates). Pictures and videos should be taken. The breakdown must be Sent to the former tenant because she has the right to return to the unit to see the claimed damage and challenge anything.

Within 30 days, send any portion of the security deposit with a breakdown that explains what is owed in unpaid rent and damages. I recommend using that same move out list to itemize.

If a painter has to paint several rooms, demand a breakdown of cost for each room. That goes for all repairs, including carpets. This breakout ensures you will get something if a judge decides you cannot be reimbursed for certain rooms or certain repairs. 

Giving an Attorney a Referral Does Not Mean You are Involved in the Case.

It is great when any business owner gets a referral from a past client or customer. In a normal retail setting, it is natural to get updates on the person's satisfaction with the services or product.

However, in the legal and medical field, just stay out of the relationship. Once you refer someone, you have no right to receive updates from the professional. Of course, you can always ask the customer about the medical service and status, but stay away from the attorney-client case if it is in litigation.

Attorney-Client Privilege and Work Product

The law protects communications between attorneys and clients so the clients can freely discuss cases, and the lawyers can freely give advice, collect information, and formulate strategies. However, the privilege can be waived by the client when he insists on (1) bringing in third parties on phone calls and meetings; (2) disclosing conversations or strategies on social media; or (3) discussing advice with friends and family. During discovery, opposing counsel can find out the identity of those individuals who had to stick their noses in litigation. This could be disastrous because once the privileged is waived, opposing counsel can learn strategies and topics of communication. 

Settlements

The nosy friend or family member could be a disaster to your settlement. Settlements are often confidential. This means the parties are prohibited from discussing the terms of the settlement. A persistent and intrusive person may push you in disclosing the terms. If your opponent learns of the settlement violation, you may be ordered to return the settlement and pay attorney's fees. If the person wants to know what happened, tell him it's been resolved and shut down the topic.