State Specific Question About: GEORGIA (GA)

Hi,

I filed eviction due to no-paid rent until 3rd week in August, tenant answered to court and he said reason was landlord refused to take the rent after file eviction.

Now the situation is tenant may pay the rent and he do not wants to move out.

would you give me some right suggestions? he already stayed 8 and half months and paid rent(but always late). If I take the rent at count next week, let him continue to stay, what is the final result of this eviction process? Does this impact on the future legal process? 2nd option may be I take the rent and let him move.

This is my suggestion, being from GA.

You must accept late the rent once during any 12 month period. (thats in a nut shell)

In order to avoid court-- call the tenant-- "I'm willing to remove the dispo if you agree to the following:

Pay the rent and hard costs (court fees). I will waive, this time, the late fees.

You would make this agreement and take his payment prior to court-- if it goes to court all other costs associated with the dispo will be applied for, atty fees late fees admin fees.

When the tenant pays send him and the court your dismissal letter that rent has been tendered and you wish to cancel the court action case number **********.

Payment must be made in cash or certified funds -- no checks.

myob, I don't know anything about GA law.

Do you do a __ Day Notice To Pay Rent Or Quit?

If so, even after that __ Day period, and even after the eviction has been filed, you still have to accept rent?

That seems so strange! Because the general theory is that if the rent is not paid during the __ Day period, the lease terminates. That is why the tenant's possession is an unlawful detainer after the expiration of the __ Day period.

This is why it is so important to know your particular state's laws!

we only need one day to file-- use to be 3 or quit.

when you file and the tenant is served the tenant has 7 days to answer the court action-- if during those 7 days the tenant tenders you must accept -- once every 12 months. (must pay all $ on dispo)

No the lease doesn't terminate.

MyOB,

Thanks for your advices. My rent property locates in Gwinnett county.

My understanding is you suggested to contact tenant before court day, and takes rent and eviction cost, also write a short agreement to remove dispo, cancel the eviction at court then the lease will continue.

So the current eviction is canceled, no negative on tenant. correct? Is this impact future legal process if needed?

Would you tell me where is the online instrution about such thing?

I really appreciate.

Thanks so much!

it's not on line. No it dosen't effect future dispos.

well since you filed for the non pay it was with the court-- there is now a court record that tenant didn't pay--- so any other LL's could look it up and see there was one problem.

myOB,

My current question is should I go to the count, or do what you told me before go to court?

Also if I do what you told me, am I cancel the evcition process?

myob, thanks for the lesson. I only know Cal and NV law (and general common law), so I sometimes find the procedures in other states pretty strange.

try to get this done before court-- if you don't the first thing the judge is going to tell you both is to step outside and try to settle it amongest yourselves-- its the law for them to do that-- so why not settle before court. save yourself a day sitting in court.

And if it is dismissed in Gwinnett due to your failure to appear, don't expect to ever be in any good graces of the court!

myob,

Thanks for your time and suggestions.

I really appreciate.