Legal Question in Landlord & Tenant Law in Georgia
Landlord rights during an eviction appeal
We filed for eviction of a tenant, but failed to put it was for past due rent. Tenant was foreclosed on and we just wanted them out of the property. We won eviction, with no money owed, but Tenant appealed. How do we go about getting the rents that are owed to us until the appeal court date? What are our rights during an appeal?
1 Answer from Attorneys
Re: Landlord rights during an eviction appeal
You need to file a motion to compel rent payments in to the registry of the court. Getting rental amounts before the eviction may be problematic because you did not ask for past rent in the original complaint.
On appeal, and depending on the jurisdiction, the case will be treated as if re-filed in state court.
If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.
The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.
Glenn M. Lyon, Esq
MacGregor Lyon, LLC
Promenade II
1230 Peachtree Street NE
Suite 1900
Atlanta Georgia 30309
Phone 404.942.3545
Fax 404.795.0993
www.macgregorlyon.com
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