Rent Concerns are looking for Those Hit with Job Loses

Rent Concerns Arrive with April 1

AGAIN - TENANTS SHOULD CONSULT OR HIRE AN ATTORNEY BEFORE GOING TO COURT

Early this week I sat in court in Savannah while a woman tried to explain why she had not paid rent.  Her excuse related to health problems.  This was no excuse or defense under the law.  Unfortunately, she just glanced over a defense that may have afforded a few weeks, instead of the 7 days.

More specifically, before a landlord files a dispossessory, he or she must demand possession of the premises beforehand.  Oftentimes, landlords are quick to the draw and miss this step.  She breezed over this omission by noting he just said I was late and then I received this notice for court.

This failure to give notice should be given in your answer as an affirmative defense.  However, if you have already filed your answer, you can still raise it in court.  However, in that instance, you have the burden of proving the defense. 

In the case in Savannah, the landlord's attorney, but not the landlord appeared. 
Therefore, if the poor woman had just focused on that defense, above all, she would have won because there would have been nobody there to dispute her assertion. 

Again, if the case had been dismissed on this technicality, it would have allowed her approximately
2-3 weeks to find a new place.

An experienced tenant attorney would have given her that defense in a short phone call or a 30 minute consultation.  This information would have armed her with a defense to represent herself and win in court.  Don't short change yourself by doing it alone.  Get some help with an experienced tenant attorney. 

Pro Se Litigants - Second Time Around

I've received calls from 2× pro se litigants who allowed hubris to cost them a case.  More specifically, they represented themselves in a landlord-tenant matter and won against a lawyer.

Now, they'll Clarence Darrow and are telling everyone within ear shot.

Next time the "winner" has a dispute, he thinks lawyers are a waste of money. He's not even going to seek a free phone consultation.  This time, the internet lawyer loses. He waits weeks after the hearing to call a lawyer.  In a normal civil action in Georgia, a 2-3 week delay isn't fatal. However, dispossessory/eviction cases aren't normal civil actions.

Unfortunately or fortunately, depending on your position, eviction cases are on a rocket docket.  7 days after a judgment for the landlord, the tenant must vacate or file an appeal.  Paying the landlord the judgment won't save you unless you entered into a settlement agreement to stay or the order specifically states you can pay then stay.

If you don't understand what's in an order, schedule an office visit to learn your rights and responsibilities. If you don't understand all terms in a settlement agreement, you should consider the pros and cons of settling versus going before a judge.

Dispossessory (Eviction) Actions

The Firm still takes a limited number of dispossessory actions for residential tenants. However, if there is a counterclaim, it has to be $15,000 or less.  Right now, I have an overabundance of former dispo actions that were moved to State and Superior Court because of the size of the counterclaim.

Starting July 1 Residential Tenants Will Not Receive the 5 Minute Free Screening Consultation

The Firm will no longer give residential  tenants free 5 minute screening consultations. 

If you are a residential tenant and want to consult with the Firm, you can schedule a 15 minute paid phone consultation for $50.  This $50 will not be applied to the retainer.

The areas of consultation for residential clients are the following:
(1) filed or threatened evictions;
(2) wrongful completed evictions; or
(3) landlord's claim for damages to the rental property that exceeds $15,000.

REFUNDS FOR UNPROCESSED WORK --- JUST ASK FOR IT

The McGill Law Firm is busy with calls, meetings, hearings, and trials.  When a client wants to go to another attorney because of delays, just say, I want a refund for my unprocessed work.  Some folks get so dramatic about a simple request.  Think of it as returning a blanket at Target.  The only difference is services already performed are taken out of the refund.   You really don't even have to tell me why you want a refund for your unused retainer.

I have about a 10% quit or fire rate (either I fire the client for many reasons or the client fires me because they can't wait).  Those slots are quickly filled (within the week) with other people who need legal advice and representation.   Most of those new clients have just received notice of a potential eviction.  Therefore, as much as I would love to have 100% completion rate, it's just not realistic.  Delays happen all the time, including having a 5 minute screening call turn into a 30 minute screening call; preventing an eviction with a trial in a week; a morning trial that turns into an all day affair; or a motion that takes much longer to complete. 

I get those same calls from people who are impatient with their current attorneys.  If you want to call me because your landlord-tenant attorney is moving too slowly, you may be calling the wrong attorney.  If you are impatient with an attorney with a paralegal and legal assistant because he's not getting to your case fast enough, you will be impatient with this solo attorney. 
 

New Rates for Initial Consultations

Effective June 1, 2019, the rates for initial office consultations will increase to $200/hour.  30 minutes is $100.

Tenants with pending dispossessory actions filed against them will be charged $85 for 30 minutes.

Nothing paid in the initial consultation will be applied to the retainer.

The rate for contract and lease reviews will be $275/ hour. This rate also applies during the first office visit.

Dispossessory Trial Days

Although many dispossessory hearingd take about 15  minutes once a case is called by the judge, what needs to be done to get to the podium to defend a tenant case takes hours.

Night before - copies and file organization

9:00 trial times normally means an 8:00 arrival time. 

8:00 - review file again

8:30 - discuss matter with clients, assuming they show up on time

9:00 - calendar call and case announcement

9:45 -wait for mediation or discuss the matter with landlord's counsel

10:00 - discuss reasonable terms with the tenant/client that she can comply with during the remainder of the tenancy

10:30 - if the case settles, draft an agreement and present it to the judge

10:30 - if the case doesn't settle, wait for a hearing.

11:00 - hearing. 
(some dockets are so large, they go into the 1:00 session).

12:00 - off to the 1:00pm dispossessory calendar, to start the entire process over again.

Be Careful of Presidents' Day Deadlines

Many courts in Georgia are not closed for Presidents' Day (Monday, February 18th).  If you have a filing deadline that falls on Monday, call the court to see if it will br opened.

Extreme caution should be exercised for dispossessory answers that are due this Monday. Unlike regular court actions, opening a default in an dispossessory action is nearly impossible.  As a result, a landlord may apply for a writ on Tuesday if an answer isn't filed timely.  Once the judge grants the writ, it's only a matter of time before the Sheriff/Marshal comes to supervise the eviction.

Posted Rates for Tenants in Georgia

The fees below are subject to change without notice.  Also, the Firm offers lower hour rates for established clients.

Effective September 30, 2019, the Firm will no longer represent residential tenants.

Initial Consultation (first office visit only) - Residential - $170/hour

Initial Consultation (first office visit only) - Commercial - $350/hour

Review leases - $250/hour

Draft a demand for repairs  $450 + postage
Increased effective 4/1 to $600.00

Draft answer and counterclaim for tenant to file - $150/hr.
Effective 4/1 -
Dispossessory answer - $250.00
Magistrate statement of claim answer - $350.00
Draft counterclaim - $350.00

Represent tenant with counterclaim - 25% of what is recovered in Magistrate Court
35% of what is recovered in State/Superior Court without jury
45% of what is recovered in State/Superior with jury

Preparation for case in magistrate court - $200 for one hour and $250/hour for each hour thereafter

Copies, parking, transportation are charge to the courthouse and meeting

Trial date residential -  $600 first two hours and $275/hour for each hour thereafter

Trial date commercial - $350/hour

Tenant is responsible for all expenses in the case.
Phone calls, e-mails, texts - $250/hr.
Any activity not listed above $300/hr.

APPEALS (STATE OR SUPERIOR)

$250/hr. with a $2,500 initial retainer
Plus expenses

REMOVALS TO FEDERAL COURT

$300/hr with a $3,000 initial retainer
Plus expenses

The Firm does not handle cases that are in bankruptcy.

APPEALS (APPELLATE OR SUPREME)
$300/hour plus copies and posta

Posted Rates for Landlords in Georgia

The fees below are subject to change without notice.  Also, the Firm offers lower hour rates for established clients.

Initial Consultation (first office visit only) - Residential - $170/hour

Initial Consultation (first office visit only) - Commercial - $350/hour

Review leases - $350/hour

Draft a pay or quit notice (each notice) - $200 + postage

Draft dispossessory affidavit for failure to pay rent - $200 + filing fees and service

Draft dispossessory affidavit on hold over - $175/hour + filing fees and service

Draft dispossessory affidavit on tenant at sufferance - $300/hour + filing fees and service

Preparation for case - $350 for one hour and $300/hour for each hour thereafter

Copies, parking, transportation are charge to the courthouse and meeting

Trial date residential -  $600 first two hours and $275/hour for each hour thereafter

Trial date commercial - $350/hour

Obtain writ - $175 plus court and sheriff/marshal fee (transportation fee may apply)

Appear on day of eviction - $280/hour

Landlord is responsible for all expenses in the case.
Phone calls, e-mails, texts - $300/hr.
Any activity not listed above $350/hr.

APPEALS (STATE OR SUPERIOR)

$350/hr. with a $3,500 retainer
Plus expenses

REMOVALS TO FEDERAL COURT

$300/hr with a $3,000 initial retainer
Plus expenses

The Firm does not handle cases that are in bankruptcy.

APPEALS (APPELLATE OR SUPREME)
$350/hour plus copies and postage

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.

LIFE & DEATH MAY NOT BE INVOLVED, BUT THE WEEK IN THE LIFE OF A CIVIL LANDLORD-TENANT AND FAMILY LAW ATTORNEY CAN SEE ONE EMERGENCY AFTER ANOTHER

Most non-criminal attorneys lead predictable lives.  The week to week schedule can remain firm.
However, in some practices, like mine, the day is day is totally unpredictable.  My two primary areas of practice are landlord-tenant and family law (divorces, child support, child custody, legitimation).

Many landlord-tenant cases have very short, but volatile lives.  While working on demand letters for security deposits or nonemergency repairs, I can receive 3-5 calls a day from people who just received pay or quit notices, lease termination notices, or dispossessory affidavits. When those calls come in, they are treated like the people who come to an emergency room with chest pains.  Those cases are placed at the beginning of the line, triaged and monitored for about 7-14 days. 

So, what happens to the initial demand letters?  They are the people in the emergency room with stomach aches, broken bones, and busted lips.  Their queue numbers may go from 3 to 8 to 2 to 4 to 2 to 1 (finally).    Just like a real-life emergency room, some people who have the stomach aches and broken bones leave,  go to another hospital, self-treat at home, or wait until their numbers are called.  For those who wait, once the doctor sees them, they are satisfied with the diagnosis and prognosis.  Of course, they are not happy with the late treatment.

In my practice, there are few tenant attorneys who have the experience and offer reasonable rates.  So, the wait is inevitable.  For those who cannot wait to have their stomach ache looked at, other attorneys may be able to help.  Those attorneys may or may not have similar wait times.

Starting October 1, 2018, several cases I normally take will no longer be accepted, and new policies will be enforced.  Those cases I no longer handle can probably be taken by lawyers with 1/5 of my experience.  Foregoing the simple cases will decrease the queue and allow for a smoother system.

First and foremost, if you are a tenant, all fees will have to paid at the time the contract is returned.  Additional activities not in the contract will be billed by a handwritten invoice with payment due within 10 days.

Additionally, for tenants who want to sue their landlords for withholding their security deposits, the leases have to allow for attorneys' fees for the prevailing party and the landlords must have more than 10 rental units.

Also, the posted initial consultation office rate of $85-150 for 30 minutes will be strictly enforced.  Therefore, if the meeting exceeds 30 minutes, you will be charged for the additional time.

For dispossessory actions,  the Firm no longer accepts checks if payment is made within 7 days of the hearing.

For appeals to state or superior court, the Firm will charge an hourly rate.  The first 10 hours plus estimated expenses must be paid with the submission of the signed contract.

The Firm's Free 5 Minute Screening Consultation & Paid Office Consultation

FREE FIVE MINUTE SCREENING CONSULTATIONS

The Firm offers five minute screening consultations at no charge to provide general information and to determine the need for a paid 30-90 minute office consultation.  Approximately 60-75% of the time, the callers wants one or two questions answered or want to be guided on issues like failure to repair, renewal/nonrenewal notice rights, and security deposit disputes.  In those instances, 5 minutes may be all that is required.  However, if additional services are needed, a paid consultation must be scheduled. 

During the phone consultation, expect numerous interruptions as I try to obtain relevant information.  Although you may want to tell your full story during the call, it's not the best use of your time. 

For landlord-tenant cases, the first questions I will ask are the following:

(1) the name of the other party (for conflict check purposes)
(2) whether you live in a house or an apartment
(3) the city and county of the rental property

If you have documents that you want me to see, the five minute screening consultation is not the time to read sentences to me.  Lay people often miss important provisions in documents.   Therefore, an office consultation is the best time for me to review the documents to determine your options. 

Although I offer paid phone consultations, I don't review documents e-mailed to me in preparation for the phone conference unless the matter is prepaid.   Any time taken before the call will be included in the charge.  For paid phone consultations, prepayment for the hour through credit card, debit card, or Venmo is required.  Prior to the end of the time, I will advise the caller of the time expiration.  You can choose to continue the call and incur an additional charge.

Keep in mind, litigation is expensive.  You get what you pay for in many cases.  I've been in 100s of court sessions.  I see people who could have benefited from having an attorney with them in court.  Even if they couldn't afford representation during the trial or hearing, at a minimum a 30 minute consultation may have put them on notice on what to expect and the pitfalls to avoid.

 

New Attorney Fees Coming for all Landlord-Tenant Matters Effective May 15, 2016

Effective May 15, 2016, the Firm will change most of its fees and pricing structures for landlord-tenant matters.

Phone Consultations - 10 minute free screening
Initial Consultations - $75/hr. - $250/hr.
Follow Up Consultations - $300/hr.

Prepare and File Dispossessory Affidavits (Residential Electronic Filing) - $400.00 plus filing fees and service
Prepare and File Dispossessory Affidavits (Residential Paper Filing) -- $500.00 plus filing fees
Prepare and File Dispossessory Answer (Residential Electronic Filing) - $400.00
Prepare and File Dispossessory Answer (Residential Paper Filing) - $500.00
Prepare and File Dispossessory Counterclaim (Residential) - $250.00 plus 35% of recovery

Prepare and File Commercial Dispossessory Affidavit or Answer/Counterclaim - $330/hr. plus filing fees and service

Interview Clients and Witnesses - $300/hr.
Other Communications (phone, fax, text) - $250/hr.

Travel time - $150/hr.

Prepare for Hearing - $300/hr.
Draft Settlement Agreement, Amend Documents, Draft Writs, or Draft Other Court Document - $300/hr.

Subpoenas - $150/hr. plus filing fees and service

All other filings not listed (Residential and Commercial)- $300/hr.

Client is responsible for all expenses (copies, mileage, witness fees, service, parking, subpoenas)

Estimated payments for the case are due upon return of the contract.

New Office - Stone Mountain, Georgia

The McGill Law Firm has added an office in Dekalb County.

The office is located in Stone Mountain, GA

925 Main Street
Suite 300-36
Stone Mountain, GA 30083

Office hours at this location are Mon. - Fri. (11:00am - 3:00pm)
Extended hours are available at the firm's Roswell and Norcross locations.

All appointments can be made at the firm's main number - (678)-353-3217

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.

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Lawyer Paula Mcgill | Lawyer Landlord & Tenant

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