Legal Question in Landlord & Tenant Law in Georgia

WE had an eviction notice in paulding county GA. and then the landlord was willing to work with us, we gave him some of the money and he had us to sign a new lease that same day, now becuase we have not given him 400.00 dollars more, he wants us out in one day but he has not given us a new eviction notice, he went to court himself on the first eviction and stop the procedure but now he wants to use it against us again. Can he put us out on the same eviction notice, I thought he would have to give us a new one? He is threatening to come over and throw all of our things out and take the keys. He did a writ of possession and then turns around and accept money from us and then had us sign a new lease with him, now he wants us out, he gave us two days to be out and today he wants to throw us out in the rain, can he legally do this,we live in Paulding county GA.


Asked on 8/21/10, 7:47 am

1 Answer from Attorneys
Phillip M. Cook Cook Legal Services, LLC

First, I would strongly recommend that you hire a Georgia real estate attorney to review the terms of your original lease and the new lease, write a "cease and desist letter" to the landlord on your behalf, and go to Court with you if necessary.

If your landlord filed a writ of possession on the original lease, but dismissed it because of a payment, that writ of possession is no longer applicable. If you have failed to pay under the terms of the new lease, the landlord will be required to give you a new eviction notice and file for a new writ of possession with the court. In other words, the landlord must play by the same rules on the second lease as he did with the first. He cannot just get the Sheriff to come out in 2 day notice to kick you out -- he must go back through the process.

Best of luck.*******The above is for informational purposes only and does not create an attorney-client relationship.*******

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Answered on 8/26/10, 8:17 am


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