State Specific Question About: GEORGIA (GA)

Hi,

I have a tenant who did not pay her rent this month- due on the 1st - she usually pays me late with fees- but she told me on the 10th that she was moving out, unable to pay rent, and would be out by this weekend. I explained that she was still responsible for the rent and that we could either handle it through a judgment from the court or she could set up a payment plan with me. She has always been late paying but has also always been very upfront with communicating and she understands what a judgment attached to her credit will mean. She said this weekend she would surrender the keys and I would have her sign something agreeing to what she still owed me and setting up a payment plan.

Surprise surprise, so now she appears to have disappeared and stopped communicating. My question is---if I know she has vacated the home do I still need to file an eviction to regain possession of the home? That seems senseless since she will not be served there at the home- and hence I will not be able to collect money owed since she will not be personally served and will have to file a small claims case anyway to go after her for what she owes me. And that's my second question---how does she get served when I don't know where she is? I know her employer is not the same one that she had when she filled out her application.

Thanks!

Do you have an abandonment clause in your lease? Also, you should update tenant information as soon as you become aware of a change or at renewal. Not only jobs change but vehicles, emergency contacts and phone numbers to mention a few.

My abandonment clause comes from the TAA lease and is copyright protected. So you can only use it as a guideline if you wish to add to yours.

42. You have abandoned the apartment when all of the following have occurred: (1) everyone appears to have moved out in our reasonable judgment; (2) clothes, furniture, and personal belongings have been

substantially removed in our reasonable judgment; (3) you’ve been in default for non-payment of rent for 5 consecutive days, or water, gas, or electric service for the apartment not connected in our name has been terminated or transferred; and (4) you’ve not responded for 2 days to our notice left on the inside of the main entry door, stating

that we consider the apartment abandoned. An apartment is also “abandoned” 10 days after the death of a sole resident.

Surrender, abandonment, or judicial eviction ends your right of possession for all purposes and gives us the immediate right to: clean up, make repairs in, and relet the apartment; determine any security deposit deductions; and remove property left in the apartment.

Not sure what GA law is, but in CO, you can evict with posting of summons and complaint on the door. Once evicted, you can amend the original complaint to pursue the tenant for money and get a second 'alias summons' which must be personally served. The advantage of pursuing this route instead of small claims suit is that the tenant ends up with an eviction on her court record and you get clear legal possession of the apt without having to sort out the issue of abandonment.

This is a tough one. Her doing a runner was to be expected though - and I never got promised payments after they left, no matter what they say or sign.

You need a JUDGMENT to collect. Get one. SCC or Superior Court. And the more painful it is (eviction) the greater your chance of collecting on it. An eviction can really harm her chances when she needs a big ticket loan. Not to mention future dealings with LLs who screen.