My tenant is mad at me. He brought over one of his homeless coworkers who used to live out of his car. The tenant does not have a car and made a deal with him. He lets him stay in my house and in return he gets a free ride to work. Both were happy until I asked money for "overnight guest beyond 2 weeks" as per the clause in lease.

I finally called Police and stopped the homeless man to show up on my property. He still comes till curb-side to pick my tenant (and I am sure he could be sneaking inside the house late at cold night).

When all this drama was going on, my tenant sent me numerous text messages, many of them had cuss words that I cannot type here. I kept maintaining that homeless man should not show up. At one point, he sent me text message that he has gun.

Now, I am evicting him for non-payment of rent. Can I show text messages as evidence of "violation of lease", "verbal harassment" and "threat"?

Alex,

Report the gun threat to the police TODAY!

Disontinue discussions with the res.

Print out the essential texts.

Me? I’d wnter the communication in court. Can’t hurt.

you can't stop someone from pulling up out front and picking your tenant up .... why would you care?

"Can I show text messages as evidence of "violation of lease", "verbal harassment" and "threat"?"

I would stay away from the drama of this and focus solely on the non payment of rent. That's really why you are evicting correct?

If you feel or were threatened by the tenant then you should call the police and get a report BUT that has nothing to do with why tenant is not paying rent. Or is it? You state that the lease has a clause to increase/charge rent for overnight guests staying more than 2 weeks. Is that what the tenant is not paying?

If that's the case then you better get all of your ducks in a row. If it's just the "regular rent" then just evict. Cut your losses BUT - if/when you go to court be prepared if THEY bring it up.

CJ [MO] my case is similar to what you experienced. And it is always the case that bad tenants bring bad people and problems. Also, we rent to those who do not have good financial background else why would they not buy? I do have good tenants but there are going to be 10% of the bad ones.

cjl [NY] in this case, the tenant stopped paying me rent because I challenged having his homeless visitors. At one point, there were 3 but 2 of them are in jail for reasons not known to me.

I understand and obviously we can't be there 24/7 to see and know what is going on. Obviously when I see or notice something I make it a point to do "drive-by" inspections or come up with things to do inside (such as I'm here to look at "whatever" and then I'll have a need to come back either tomorrow or the next day to check it or get a part/supply that I don't have with me - I don't have the time to do it right now, etc).

So you didn't really answer the question of if you actually are "charging" the extra money and that's why they aren't paying or if they are just not paying on the "principle" of you finding out (regular rent).

I understand and obviously we can't be there 24/7 to see and know what is going on. Obviously when I see or notice something I make it a point to do "drive-by" inspections or come up with things to do inside (such as I'm here to look at "whatever" and then I'll have a need to come back either tomorrow or the next day to check it or get a part/supply that I don't have with me - I don't have the time to do it right now, etc).

So you didn't really answer the question of if you actually are "charging" the extra money and that's why they aren't paying or if they are just not paying on the "principle" of you finding out (regular rent).

I am not charging for extra money. The tenant just did not pay me his rent because I stopped his visitors.

Your issue is non-payment of rent. That's it. The hearing is for civil, not criminal issues.

Keep in mind that in Georgia a judge can grant a tenant a once a year "reprieve" in regards to an eviction for owed rent..assuming the tenant shows up for the court hearing with ALL the rent PLUS any late fees AND the court fees IN CASH. Few tenants actually do this but as a landlord in this state you need to be aware of this.

It's doubtful there will be any appeal.

Georgia tends to be a very landlord friendly state. There simply IS no reason a tenant can provide for not paying their rent in this state.

Landlord isn't fixing anything? The tenant can place the rent in a court held escrow as a good faith indication they want to continue to pay rent but also want a repair they've notified a landlord about addressed. But simply withholding rent will also get them evicted.

I had only two instances in the past when the tenant appealed and dragged the case for few months. The idea was to get free stay until put out by Sheriff.

Alex GA I'm having a hard time believing you. If you've done this before and it appears you have your asking nonsense question. Asking or telling you to evict makes no difference. No rent your gone. It's a delay tactic and you should know this and many have pointed it out to you already-- even in the 17 answers already given to you on this same topic Nov 10.

I've been doing this for 30+ years and some here from GA just as long-- and never had an appeal. Would love to hear from others in GA. When there is an appeal the rent has to be paid into the court. As Gail has pointed out there is no legal reason to NOT PAY rent in this state.

myob [GA] I am not offended but yes, I have had only 2 instances in past 20 years. One went on for 6 months and another for 5 months. Most never showed up in court and I got Default Judgement. Some vacated the sight of Sheriff's notice. Few remained until their stuff was put on street by Sheriff.

Alex- you had 2 cases where the tenant appealed the court decision and they stayed without paying rent for 6 more months? Your post appears to be BLENDING "Dispossessary" with appeal of finds on the case? I'm not saying your lying but that isn't right for GA. Is it possible they declared B/K?

Seeing sheriff's notice is within 7 to 10 days of filing the Dispo? Not 6 months down the road.

Yes, they appealed Dispo decision of Judge, no Bankruptcy filing. The first court date within a month then following month because of appeal and on.....till good 5 months.

Sheriff's notice was served within 10 days but they answered every single time and showed up in court.

There is no negotiation once Eviction is filed, no partial payments. All negotiations happened before I filed papers.Tenants NEVER show up once evicted. Whatever they want to steal and damage is before physical eviction (and after they decide to not pay rent).

Yes, they appealed Dispo decision of Judge, no Bankruptcy filing. The first court date within a month then following month because of appeal and on.....till good 5 months.

Sheriff's notice was served within 10 days but they answered every single time and showed up in court.

There is no negotiation once Eviction is filed, no partial payments. All negotiations happened before I filed papers.Tenants NEVER show up once evicted. Whatever they want to steal and damage is before physical eviction (and after they decide to not pay rent).

Yes, they appealed Dispo decision of Judge, no Bankruptcy filing. The first court date within a month then following month because of appeal and on.....till good 5 months.

Sheriff's notice was served within 10 days but they answered every single time and showed up in court.

There is no negotiation once Eviction is filed, no partial payments. All negotiations happened before I filed papers.Tenants NEVER show up once evicted. Whatever they want to steal and damage is before physical eviction (and after they decide to not pay rent).

Yes, they appealed Dispo decision of Judge, no Bankruptcy filing. The first court date within a month then following month because of appeal and on.....till good 5 months.

Sheriff's notice was served within 10 days but they answered every single time and showed up in court.

There is no negotiation once Eviction is filed, no partial payments. All negotiations happened before I filed papers.Tenants NEVER show up once evicted. Whatever they want to steal and damage is before physical eviction (and after they decide to not pay rent).