What To Expect After You Receive A Pay or Quit Notice in Georgia

After you receive a pay or quit notice, you can pay and stay, fight the claim, or leave.  Unless the landlord releases you from the deliquent rent, you should expect a civil suit or collection action even if you leave within the time required in the notice. Other fees and rents may also accrue.

If you decide to stay and not pay by the deadline, expect the following:

- The landlord will file a dispossessory action.

- You will receive a copy of the affidavit  through personal service or tack and mail.

- You will have a 7 day deadline to file an answer and counterclaim.

- You can pay take advantage of the tender rule in rent cases by paying rent, fees, and court costs to the landlord before filing an answer. If the landlord refuses, that refusal should go in your answer.  If the landlord accepts full payment, still file a timely answer and include that payment in your answer.

- If you file your answer with the Court, the next step is to appear at a hearing. 

- Even if you settle with the landlord before court, check with the clerk's office to confirm the case has been removed from the docket.

- If the only issue is rent payment, personal emergencies (sickness, family death, job loss) are not defenses for non-payment.

- If you lose your first case, you can always file an appeal with State or Superior Court if you have a legitimate defense you believe was ignored by the court, or you believe evidence or witnesses you did not have in the lower court would have changed the outcome. That appeal must be filed within 7 days of the Court's judgment.

DISPOSSESSORY NOTICES IN GEORGIA - TACK & MAIL

For those Georgia tenants who are behind in rent payments, who hold over beyond their lease terms, or who have ongoing problems with their landlords, pay attention to dispossessory notices from the courts. These notices are not letters that can be ignored.

Although each county has its own forms, some common factors are as follows:

(1) The name of the court near the top (usually Magistrate Court);
(2) The description of the document as "Procceding Against Tenant Holding Over" or "Dispossessory" or something similar;
(3) The Case No. imprinted on it;
(4) A notary stamp or notary signature;
(5) A section entitled "SUMMONS";
(6) Affiant's signature and phone number; and
(7) Instructions on the deadline to file an answer and the place to file the answer.

If a tenant receives this legal summons and notice by tack and mail on his door and fails to file an answer by the deadline, the landlord can move forward, obtain a writ of possession, and formally evict the tenant without further notice.

Talking with the landlord is not enough once your receive the dispossessory notice or the proceeding against tenant holding over. You must file in court an answer and a counterclaim, if applicable. Moreover, settling does not relieve you from filing a timely answer. For your protection, file the answer within the deadline noting the settlement.

THE MCGILL LAW FIRM'S NEW GEORGIA RATES FOR LANDLORD TENANT MATTERS

Starting August 1, 2014, new rates for landlord-tenant matters go into effect as follows:
AS OF JANUARY 1, 2015, THESE RATES ARE NO LONGER APPLICABLE. CONTACT THE FIRM FOR UPDATED RATES.

Magistrate Court

• Initial Consultations - $75 - $150/hr. (first meeting only)
• Follow Up Consultations (pre-retainer) - $250/hr. 
• Draft Dispossessory Complaint or Answer in Magistrate Court - Residential Lease - $100 (flat fee + filing fee)
• Draft Dispossessory Complaint or Answer in Magistrate Court - Commercial Lease - $500 (flat fee + filing fee) 
• Prepare Client for Hearing - Magistrate Court - $150/30 minutes
• Appear in Court Each Time (hearing and/or mediation) for Residential on behalf of Tenant or Landlord - $330 flat fee 
• Appear in Court Each Time (hearing and/or mediation) for Commercial - $600 flat fee
• File Post Judgment Paperwork for Eviction - $330 flat fee
• All other activities not specifically mentioned in this section $200/hr.

State or Superior Court

• Draft appeal from Magistrate Court - $300/hr. 
• Conduct discovery (if allowed) - $250/hr + expenses
• Prepare Client for Hearing - $150/30 minutes
• Appear in Court Each Time for Hearing - $250/hr. + expenses
• File post judgment paperwork for eviction - $100/hr. + expenses
• All other activities not specifically mentioned in this section - $200/hr.

For A Civil Litigant, Sitting in on Hearings May Help You be More Realistic

If you are a party in a lawsuit or you are thinking about filing a lawsuit, the best way to get a realistic view of the judicial process is to sit in on hearings and small claims trials.  It will open your eyes to the process. The experience should also change your naive views of the system.  Television tends to push the childish view that the good guys always win.   

Additionally, hearings or bench trials are ideal because you get a number of cases and issues and those in the gallery hear objections, discussions, and rulings.  In a jury trial, the jury and the spectators miss important conversations. You will also learn a little about the rules of evidence, including hearsay and relevancy. Moreover, most hearing dockets include 10-25 cases.  As a result, you get a broader view of strategies, successes and mistakes.  Furthermore, you can watch a variety of nervous laypeople on the witness stand.   You can learn first hand about what works and what doesn't work as far as presenting your case and coming across as a credible person.  Fortunately, for those in Gwinnett County, Georgia, the Magistrate Court (Small Claims) schedules cases at 6:30pm.  The Court also plays a short video beforehand to give litigants a short primer on how the court differs from the small claims arbitration shows, such as Judge Judy.  If you live in that county or an adjacent county, it's a good time to stop in after work to observe and take notes. 

Finally, and most importantly, if you can watch the judge who has already been assigned to your case, you can see his or her demeanor and "fairness" to parties with cases similar to yours.