Proceedure for Holdovers (by Liz [GA]) Sep 20, 2014 8:48 AM
Proceedure for Holdovers (by Pattyk [MO]) Sep 20, 2014 9:57 AM
Proceedure for Holdovers (by LiveTheDream [AZ]) Sep 20, 2014 11:03 AM
Proceedure for Holdovers (by Frank [NJ]) Sep 20, 2014 11:05 AM
Proceedure for Holdovers (by liz [GA]) Sep 20, 2014 10:04 PM
Proceedure for Holdovers (by DIXIE [KS]) Sep 21, 2014 9:08 AM
Proceedure for Holdovers (by Liz [GA]) Posted on: Sep 20, 2014 8:48 AM Message:
State Specific Question About: GEORGIA (GA)
Can anyone help me with the protocol for holdover tenants? I have a royal PITA tenant who is all paid up (finally) and this is her last month of the lease. She confirmed last month that she was leaving at the end of this month and we even set a time for the walkthrough on the last day.
I contacted her about showing the house this weekend, and she tells me, by the way, that she "might need the house for another month." I tell her (nicely) that is tough darts, and *I* need her out by the date she agreed to. She says she can't, and is baffled by me refusing to accept her payment for another month or even another week. (It's MY fault that she waited too long to find another place to go, you see..?) I do like to work with people, but this woman has been a thorn in my side ever since I renewed her lease (first year she was fine...then seemed to get the impression that it was up to her to pay whenever the planets were in alignment and she felt like it. She doesn't do anything until there is a fire under her butt, so I'm trying to find out how to light the biggest fire legally.)
Anyway, she assures me that she will NOT be out of the house by the last day of the month, and I assured her that I will file the dispossessory on the next day after that. She says she'll be gone ASAP, but I woudln't be surprised if the sheriff has to give her the boot. Either way is fine with me....but here's my question:
Once she is gone, what are the rules (IN GA) for me using her security deposit towards the days she stayed past her lease ending? Do I prorate a month's rent for the days until she left? Can I add the cost of the court filing? Can I impose any sort of penalty, or can I only prorate the rent? Thank you if you know any of these answers. Also, who WOULD have the answers? The magistrate's court itself? Or the sheriff's office...? Or...? --50.180.xxx.xxx |
Proceedure for Holdovers (by Pattyk [MO]) Posted on: Sep 20, 2014 9:57 AM Message:
Your state may be different than mine. For a PiTa tenant who is appearing unstable in decision making. I would hold off making plans to rent on until she is OUT! As you are experiencing their actions and their words will never match as its a game for them, so let them be.
You are wise to run your business regardless. So yes, you will file as you stated. Where i live i csn take rent out of deposit, i can, but tenants can not unless i agree. They ask all the time. I do not allow, but simply state. Pay rent when do and i will credit you back and we will settle up with clear math and part on good terms.
Wheni have had to file, yes i add in ccourt cost as damages. It's in my lease $50 to post notice. $300 to file, even though my cost is considerable less, judge awards. I do not know whoyou call, perperhaps someone from your state will come alone. If you hire an attorney they will answer your questions, that is how i learned, now i can file myself in one county. Its a process. I would not believe her words, look at her actions, put in writing and mail to her your agreement and hold over cost, where i live if ttenants give notice the cost to hold over is double rent. I remind them of that in this written notification. Not sure about your state --66.87.xx.xxx |
Proceedure for Holdovers (by LiveTheDream [AZ]) Posted on: Sep 20, 2014 11:03 AM Message:
I explain the role of motels and extended stay proprties to exiting tenants and that if they hold over I will persue damages, as well as the incoming tenant's damages. --24.156.xx.xx |
Proceedure for Holdovers (by Frank [NJ]) Posted on: Sep 20, 2014 11:05 AM Message:
I would be googling my state for holdover rules w/one hand and calling my atty. with the other.
Some states allow large penalties for holdover tenants. --70.192.xx.xx |
Proceedure for Holdovers (by liz [GA]) Posted on: Sep 20, 2014 10:04 PM Message:
PattyK, you must know this person...you are exactly right. I finally have the upper hand now that she's all paid up through the end of this month (It took me filing a disposessory to get that to happen) and I'm not about to let her get the upper hand again. --50.180.xxx.xxx |
Proceedure for Holdovers (by DIXIE [KS]) Posted on: Sep 21, 2014 9:08 AM Message:
My lease states that the holdover fee is $25 a day IN ADDITION to the rent.
No one EVER holds over at my places. Gee....I sure would like to collect that $750 PLUS their rent. --67.143.xx.x |
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