Legal Question in Landlord & Tenant Law in Georgia

Hi

I live in georgia. I am a landlord who has a tenant who has not paid rent since she moved in. Lesson learned on my part but my question has to do with her stalling eviction. She filed a notice of removal the day before our eviction hearing. Totally pissed judge off and he told me she was stalling. I have taken all the neccessary legal steps to evict and she clearly knows how to stall the proccess. She has no defense as she cited on dispossessory answer. She stated she would pay into registry and she hasnt. I found a law, ocga 44-7-54 which states she has to pay rent into registry as it becomes due if possession cant be not be determined in 2weeks. She has been there for almost 8. Trying to get her evicted since 4/27. I filed for a motion to compel payment of rent into registry or to receive a writ of possession. My question deals mainly with filing the motion. I simply typed up a motion and submitted it. Am i suppose to supply a proposed order form, an order nisi, a certificate of service, or a copy, etc. I just want her out asap and before she tries anything else. Should i file something else with the motion? Are they that strict to dismiss my motion because i didnt submit the other items? Do i still have time to submit the items or should i resubmit all of it? Do i have a shot of getting the writ this way?


Asked on 6/04/12, 5:23 pm

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

You need a lawyer, who can handle this for you quite easily without much hassle and not a huge expense. Being a landlord is a business investment and you should treat it as such. The quicker you resolve this problem and get her out, the quicker you get someone else in who pays rent. Get a lawyer, have him clean up this mess for you (should take no more than 2 weeks), ask him to prepare a good residential lease for you that is landlord-friendly, and have him explain to you the best process, from start to finish, of bringing on and getting rid of a tenant. You will then have a lawyer familiar with your lease that you can run to if something happens with a future tenant -- your own on-call lawyer. Lawyers are offering their services cheaper and cheaper these days -- shop around. If you would like a referral for a litigator with landlord-tenant experience and is moderately priced, please feel free to email me at [email protected].

Without a case file it's impossible to comment on your specific questions. I wouldn't worry about the service of process issues on your motion -- a motion to compel is not appropriate for what you are trying accomplish. Likewise, the tenant's motion to remove has no meaning in the context of what you described to me above. Again, if you consult a lawyer, he can review the documents involved in your case and set you in the right direction.

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

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Answered on 6/06/12, 5:45 pm


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