Legal Question in Credit and Debt Law in Georgia

My present tenants are refusing to pay rent (2 months now) and the accruing late fees. Do not know why - they refuse to contact me. I have sent several notices and phone calls/e-mails.

I'd like to sue in small claims court for the money owed thus far. They still have 3 months left on the lease, so I do not want to evict as they have a lease and I do not want to go without rent payments. Additionally, the property will be put up for sale before the end of the lease, so I do not want to have to get new tenants.

Legally, do I have to evict before I can sue to get the past rent, or can I just file in small claims for the rent due, just as any other past due bill?

This is in GLYNN CO., GEORGIA; need specific answer for that locality.


Asked on 5/09/16, 8:17 am

1 Answer from Attorneys
Rachel Hunter

Why is this posted in credit/debt collection? its a landlord tenant issue. I do not handle landlord-tenant. You have what is called a dispossessory. Go down to the magistrate and evict them and include a claim for past due rent. If you do not want to evict, you wait until they leave or the lease ends and then sue for damages (unpaid rent and any other damages). I don't understand about not evicting them. That would get their attention. And if they pay the back rent and court costs then the case is dismissed. However, they could pay up and then not pay the rent for the last 3 months. So I don't understand why you want to sue now. If you don't want to find a new tenant then wait 3 months and then sue for the damages. The new owner will have to sue them. You and the new owner will have to come to some agreement there - maybe you can assign your cause of action.

Here is a link to the dispossessory form: https://georgiamagistratecouncil.com/wp-content/uploads/2014/12/mag-30-02-dispossory-proceeding-affidavitR.pdf

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Answered on 5/10/16, 12:05 am


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