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.

Satisfied Client Wanted to Hire Me Again

A former client made my day by touting how much she liked  the way I practiced and  handled her first matter. She wanted to hire me again on another unrelated case.

Unfortunately, I don't practice in that area. Nevertheless, she made my day. I must be doing something right.

Changing how I practice by getting rid of the slower personal service is not an option.  Impatient speed demons can go around and find someone else.

This call and many others show slow and steady wins the race.

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.

New Office in Atlanta

COMING SOON

New office in the Atlanta area to accommodate clients' schedules during my Winter and Spring break.

The Firm understands that not everyone has a Monday - Friday 9am to 5pm life.

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. 

Night Owls v Early Risers

https://www.bbc.com/news/health-47238070

This article isn't connected to the law directly.  However, it should have implications for those who want to understand night owls and allow them to work at peak times.

For students of course, the alternative to early morning in person classes is online classes.  Allowing night owls to attend late online classes would maximize their potential and learning.

Even the law has caught up with 24 hour e-file in many courts. Court that have efile benefit late workers who work in the evening.  Now they can file documents up until 11:59pm and meet the deadline while most sleep.

Unfortunately, 9-5 people don't understand why anyone would want to work while everyone else sleeps.  This article should explain it.  Now, with this information, adjustments should be made to antiquated thinking.

Offices could make it easier for employees to choose when to clock in, when feasible. Flexible hours, with imagination, would still comply with state and federal laws without costing the employer. In fact, the employer may benefit if it catches its worker at peak mental capacity each day.

For small business owners like myself, it means finding a facility that has 24 hour access for late night work. Not everyone sleeps between midnight and 6:00 am. Facilities miss opportunities to make their tenants happy when they have narrow views of office hours.