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.

All reactions:

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Lease Nonrenewal are Becoming a Problem

Now that people have received their taxpayer funds to pay their back rent, the next big threat to tenants, at least, is the landlord's decision to not renew leases.

This has become prevalent because some leases have renewal clauses that limit how much the rent can be raised during the next term. If the landlord can move the old tenant for a new tenant, the rent can be raised hundreds of dollars. Without a rent increase clause, the landlord can increase the rent anyway.

Georgia law on non-subsidized housing does not protect the tenant with right to renew laws and rent caps. Therefore, unless the landlord is willing to negotiate with you, the best thing to do is move on to another location.

Rent Concerns are looking for Those Hit with Job Loses

Rent Concerns Arrive with April 1

Short Lived Break/Semi-Retirement

Thanks to the Corona virus and the uncertainty in the rental market, the Firm is moving to full-time hours again on April 1 to answer your landlord tenant questions, negotiate back rent payments, and represent small landlords and all tenants in eviction matters in Magistrate Court.

For now, the hours are 11-3.

Starting April 1, the hours will be

Mon - 1:00 - 4:00

Tues - Thurs - 10:00 - 4:00 

Fri 10:00 -3:00

Weekends - Closed

Negotiate Payment Dates Before You Sign Your Lease

If you get paid on the 1st and the 15th of each month, before you sign your lease negotiate a payment date with management in writing to avoid late fees and dispossessory filings.

For instance, the rent payment can be split and due on the 2nd and 16th of each month. 

Any changes to the standard must be in an addendum and made a part of the lease.

Do Your Research and Take Your Time When Served With A Summons And Complaint/Statement of Claim

When a person is served with a summons and complaint, in most instances, the response filing deadline is 20-30 days (depending on the court). One exception to this rule is a dispossessory action. In Georgia, the response time for dispossessories is seven days. As a result you have to act quickly to protect your rights.

Nevertheless, if you have a 20-30 day response time from the date of service, you have time to call around to find an attorney who suits your budget and time constraints. If you're served on Monday, take 3-5 days to consult with several lawyers. Find out their theories of your case. 7-10 days after service, make your decision.

There is no rational reason to receive service of process on Monday and retain an attorney within 24-48 hours of service. I find it amazing that in many cases, people spend more time researching a $500 television or phone than they do researching an attorney that costs much more than those electronic devices. Indeed, depending on the case, the television or phone may malfunction before your case comes to judgment or settlement.

Suggestions

(1) Talk to 3-5 attorneys by phone (not their legal assistants or paralegals).
(2) Visit your top 1 -3 choices.
(3) Take all proposed contracts home to read and compare. Some provisions can be negotiated.
(4) Make your selection after full contemplation.