The Eviction Process in Georgia for Failure to Pay Rent

The process for moving from failure to pay rent to ejectment for residential leases is a multi-step process: 

Pay Rent. 

In most leases the rent is due on the first with a 5 day grace period. 

Pay or Quit Notice 

If a tenant fails to pay and the was entered into or renewed before July 1, 2024, the landlord must give three business days to pay.  The notice to pay or quit must be posted on the door in an envelope. The landlord must also comply with any lease notices. 

Court Filing - Dispossessory

If the tenant does not pay or quit, the landlord can start the dispossessory action by filing in the magistrate court (usually) a dispossessory affidavit. 

During this time, during the failure to pay rent case, the landlord cannot accept money, even partial payment.  However, the tenant should keep the money and not spend it. 

Tack and Mail or Service.

In these type cases, the tenant does not have to be personally served.  The court stamped dispossessory affidavit and summons can be placed on the door (tacked) and mailed. 

Answer and Counterclaim

The tenant will have 7 calendar days to respond with an answer (and counterclaim if appropriate). I recommend the tenant consult with an experienced tenant lawyer to discuss his or her rights, defenses, and claims.  However, if you cannot do so, file the answer to meet the deadline.

Writ for No Answer

If a tenant misses the deadline, the landlord can apply for a writ.  Once the judge signs it,  the Marshals/Sheriffs will be scheduled to come for ejectment day. 

Court Date

On your court date, be on time, have your exhibits printed, and have your witnesses ready. Phone evidence is often rejected because of the germs that are on phones.  Many judges don't want to touch phones.  I know I don't want to touch an opposing party's phone.

Once the docket has been called, you will be told to go out to speak with your opponent to exchange exhibits and to discuss settlement.  Some courts have mediators to discuss cases with parties in an effort to resolve them. 

Hearing - Order

After both sides argue their case, the judge will decide who wins and for how much. 

If the landlord wins, the tenant will have seven days to vacate or the landlord will apply for a writ. 

If the tenants win, they can stay until the lease runs our.

Ejectment 

If the landlord wins and the tenants don't vacate, the landlord will obtain a writ and schedule a date for the marshal/sheriff to come to the property to keep the peace while the movers eject the tenants. Each department has a certain number of people a landlord must have to move the tenant out of the premises and onto the lawn, sidewalk, or driveway.  After everything is out, the landlord should change the locks. 

 

For Landlord-Tenant Actions, Should You Hire a Lawyer Even If You Failed to Pay Rent

The short answer is it all depends. 

If you failed to pay rent because you lost your job or had a family emergency and cannot catch up on back rent, you probably don't need an attorney.  You should probably start to pack, leave, and turn in the key before the dispossessory action is filed, unless you have a large legitimate counterclaim or your landlord is willing to agree to new terms in writing. 

However, if you have back rent, want to stay in the property, and have a counterclaim for failure to repair, an attorney may be a good investment.  Also, realize lawyers in these type cases are meant to guide you through the process and speak on your behalf to get a settlement. 

Going into court

If the matter cannot be settled, an attorney may not help you if you don't have any money to catch up on rent.  The key is put the money aside once the landlord refuses to accept rent.  Also, make sure any agreement you sign states there is a disputed balance of fees, fines, and penalties that the parties have agreed to zero out because of a compromise.  Once  that agreed upon balance has been paid, there should be a provision that says the matter is dismissed with prejudice. 

LIMITED RESIDENTIAL TENANT REPRESENTATION

 To streamline my practice as I move to reduced office hours, I will limit my residential tenant representation to those tenants who rent from the following:

This is for residential tenants only:
To streamline my practice, I am accepting new cases if your landlord is one of the following:

1. Invitation Homes (and its subsidiaries);
2. Tricon
3. Pretium Partners
4. Home Partners of America
5. Progress Residential
6. First Key Homes
7. AMH
8. Amherst Holdings
9. PMI Georgia
10. Excalibur Homes
11. Evernest Property Management
12. Greystar

I will still represent small landlords and all commercial landlords and tenants.

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.

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. 

A/C Problems This Summer

During the summer, I receive at least 10 calls or emails a week about a landlord's inability to provide air conditioning. I normally don't handle these issues because of time. 

Channel 46 provided good suggestions for those who are having these problems, but can't find a lawyer. 

Channel 46 - Segment

For landlords, you may want to provide a temporary A/C unit until the matter is resolved. The $100-200 unit may save you thousands of dollars if the tenant sues you.

Enticing a Renter to Leave Before Court Starts Again

For small landlords, if you haven't been paid rent since April, and you want immediate possession to the rental property, you should considering enticing your tenant to leave by entering into a payment plan that does the following:

1. Put the tenant on a payment plan and provides all updated info in a rental application.

2. Get a co-signer/guarantor of that payment plan, if necessary

3. Pay for their moving expenses up to a certain dollar amount

4. Excuse the last payment on the plan if the tenant moves out as agreed.

5. Don't include the security deposit in any part of the agreement because there may be damages to the premises.

If you need further assistance, contact me to discuss your options.

New Closure Date

My new retirement date is March 7, 2022. 

This gives me time to get through COVID delayed cases and take a very small handful of new quick landlord tenant cases.

I am available for an hour consultation, as long as you know I probably won't represent you in your case. However, if you plan to represent yourself, an hour consultation may be invaluable.

It's been great meeting and working with many folks, but of course not all. Before I get too old, I want to go back to school, refresh my business degrees, and go into the corporate nonlegal world. 

I can still be reached at (770)367-1234. My voicemail gets filled quickly. So, email me at demandingjustice@gmail.com. I check my email at least once a day.

Rent Concerns are looking for Those Hit with Job Loses

Rent Concerns Arrive with April 1

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.

Dead Three Years in an Apartment

Recently, a veteran, who had diabetes, was found dead in his Texas apartment.  The man died approximately three years ago, but nobody knew.  He was on the floor for three years unnoticed.

In Georgia, this could happen to renters.
Right before his death, the veteran had moved into a new place without telling his family.  Apparently, the family didn't know his friends and vice versa.

The tenant had direct deposit for his military retirement and automatic payment for his rent.  The reports haven't said how his utilities were paid in those 3 years. Apparently, he had automatic payment for his other bills or the creditors never reached out to his listed contacts.

The one issue that has perplexed internet laypeople is the lease.  Although a significant number of leases are one year, in Georgia, the standard apartment lease has an automatic renewal clause.  In those instances, when neither the landlord nor the tenant sends a nonrenewal notice, the lease is automatically renewed for another year or month to month.  That continues until a nonrenewal notice is provided. So, in a perfect storm, this could happen in Georgia.

In the Texas case, he was a month to month tenant. There was no indication that he ever signed a one year lease.  More likely than not, the landlord thought he was the perfect tenant because he paid his rent on time and never complained. 

If you have medical issues like he had, you should remain close to at least one person and provide that person with an emergency contact.  That person should know where you live and your telephone number.  Both of you should keep in regular contact. 

Norcross Hotel to Stable Rentals

https://www.facebook.com/13310147298/posts/10157801819157299/?sfnsn=mo

It will be interesting to see how the project works out. 

Those in hotels and other bad living arrangements can pay their monthly obligations, but are often stuck because they can't afford to save enough money for the  security deposit and 1st month's rent.

COUNTIES WHERE THE FIRM ACCEPTS NEW CASES

Primary Practice Counties

FULTON 

DEKALB

COBB
GWINNETT

The Firm accepts cases in all of its practice areas and in all courts

------------------------------------------------------------------

Secondary Practice Counties

Cherokee

Clayton
Douglas

Paulding

Henry 

Fayette 

Forsyth

Newton 
Rockdale

The Firm accepts limited cases in its practice areas in State and Superior Courts.
Magistrate Court cases will be accepted in Cherokee, Paulding, Clayton and Forsyth Counties. 

-----------------------------------------------

Additional Locations

Savannah 

Macon
Augusta

The Firm accepts limited cases in its practice areas in State and Superior Courts. 

Limited Availability

This small firm lawyer couldn't be happier. Effective today, I am booked up. Except for dispossessory and wrongful eviction cases, I will not be taking new cases until July.

If you have already contacted me about your case, you have a spot. So, don't worry.  This is limited to those who are contacting the Firm for the first time from June 11-June 30th.

___________
6/14/2019

Already, I've had to turn away people who can't find satisfactory lawyers to represent them.  Unfortunately, I've had to abandon the triage and number system as I described in my prior posts.  Oftentimes, complainers cause unlimited harm by their complaints.  This is just one example of the problems caused by those folks. The triage method worked for nearly 10 years, and assisted over 10,000 people who called and received assistance or retained the firm. 

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.

Anti Retaliation Law to Protect Renters

The Georgia governor signed the renter anti-retaliation bill into law. The law goes into effect July 1, 2019. It's a good start, but a well drafted lease and careful planning by the landlord should prevent liability.  Of course, not punishing tenants when they complain will also prevent liability.

If you are a small landlord and need assistance on understanding the new law, call me for an appointment. (770)367-1234.

Great Start to the Week

I successfully defended a $24,000 damages case filed against a tenant and helped her receive a nearly $2,000 judgment. 

Great result.

Of course, not all cases end this well, but having an experienced attorney may help you navigate court evidence and procedures. Representing yourself in court is not as easy as tv arbitration shows like Judge Judy and Judge Mathis portray.

Court rules and procedures trip up attorneys from time to time. This is especially true in State and Superior Court.

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

Why Give a 5 Minute Free Screening Consultation?

The Firm gives  free 5 minute screening consultations for several reasons:
(1) the schedule limitations of the attorney and the potential clients prevent emergency meetings;
(2) a brief explanation of the matter by the caller can often tell us if the Firm cannot assist;
(3) 50% of callers' questions can be answered in 5 minutes;
(4) a brief conversation can often  tell both parties if their personalities can mesh to form a long-term attorney-client relationship; and
(5) nobody wants to waste time, travel,  PTO, and $85.00/30 minutes to be told within 5 minutes of the office consultation that the Firm cannot help.