Legal Question in Landlord & Tenant Law in Georgia

I am an agent of a house that I've picked up Managing. The tenant Lease agreement expired May 31, 2011 and We ( landlord and I ) agreed on a written agreement to extend month to month until July 31, 2011. On August 11, 2011 I ended up filing a Dispossession to get the tenant to Vacate the property and to pay court fees what she has owed thus far that month since she remained. I didn't accept any money prior to us going to court. On August 29, 2011 the Courts granted the tenant 7 Days to move and pay the rent for her being there. 2 Days later after our court appearance, I had never had a work order, and I received a call from the tenant indicating a pipe burst and the ceiling was falling. She contacted the Fire Dept. and Police and she contacted me after they had all left including herself. When I got to the property it was dark and she was gone. There was no power because she had the power shut off on the 10th of August. I got a police report that night so that the Landlord could file a claim and indeed, the entire garage ceiling had fallen in. She still did not move out on that date of course and she went to the Judge the and asked for an extension and he granted her 2 more days in which we had no idea until I went to file a Writ of Possession. We till could not file until the 2 day extension was up.

There was a Plumber that came out and surveyed and assess the damages and it was concluded that there was never a pipe burst and that it was intentional and they gave a detailed report on how the damages happened. As of today, when we go to the courts getting all kinds of excuses. The Judge inst there, the Judge still has the file, on online...it is indicating the case has been closed, and the Writ has not been signed. The Marshalls office in that county indicated the tenant brought in an email indicating she had been denied access and which that is not true. I have researched all emails and I am positively correct.

The tenant public records indicates the tenants has had several Tenant Judgements against her, and now he is counter-suing because she says she has been denied access to the house in which no locks has been changed, she never comes out when I call and when the landlord came with the contractors to repair the home because of it's hazardous conditions, he asked her to please have a Police Escort and when the police came, she still didnt get any items.

At this point, I just need to know what needs to happen because the courts are not accepting or hearing anything on our behalf.


Asked on 9/13/11, 2:59 pm

2 Answers from Attorneys
Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

You will need to get the writ of possession signed. That is the best way to get her out without refilng the action. Show up on the next calendar call if you can't do it before then.

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Answered on 9/13/11, 3:14 pm
SHERRY RAGOLE RAGOLE & ASSOCIATES, LLC

You may need to hire an attorney. The Judges in the metro area who hear Landlord tenant issues expect property owners/managers to be able to prove why they are entitled to the requested relief in an efficient manner. When the case is muddied by issues raised by the tenant, that can be difficult to do.

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Answered on 9/13/11, 5:41 pm


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