Legal Question in Landlord & Tenant Law in Georgia
I currently own a property that was being rented. I had to file for Bankruptcy back in January. My tenant became aware of this and stopped paying in December. She refused to pay anymore, but is still apparently living there as I drove by yesterday and saw the property occupied. Her lease was up at the end of January, so I was going to just let it go and expected her to be out by February. Since she's still there outside of her lease and not paying, what do I do? My case has not closed so the property is technically still mine. I have a W/D and refrigerator I would like to get out of the house before the property is foreclosed on. Do I have to file for an eviction? How long does a normal eviction process take? Would I be entitled to any back rent? How do I go about getting the appliances out? Also, the water bill remains in my name. She has been paying it, but I want the bill out of my name so I may file it with my bankruptcy if there is a balance there. Can I just have the water shut off? Please help.
2 Answers from Attorneys
One thing at a time. First, if you've declared bankruptcy it is IMPOSSIBLE for your home to be foreclosed. So, at least while you are under bankruptcy protection, don't stress about getting the appliances and other things out of the house. Second, she absolutely still owes you rent. Just because you are having financial problems does not mean that she gets to decide to stop paying you rent. Yes, you can get back rent. You need to speak with your bankruptcy attorney about how to go about suing her and what happens with the money, if you recover any. The eviction part will be easy. You CANNOT just shut off the water.
Best of luck.*****The above is for informational purposes only and does not create an attorney-client privilege.*******
Discuss with your bankruptcy lawyer. No one here knows anything about the case, and you left out all details (including whether it is a 7 or 13). It would be a huge mistake to not consider the bankruptcy issues before proceeding. The trustee might even be entitled to some or all rents due. Did you disclose the applicances in your BR schedules? It is also NOT the case that since the BR case is still open the property is still yours. It is likely property of the estate until it is closed. These and many more issues - ask your BR lawyer.
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