Legal Question in Landlord & Tenant Law in Georgia

Re: Tenant Owes for 4 1/3 months

Your ability to collect against the tenant personally would turn on the specifics of the eviction proceedings. A bare Dispossessory Warrant merely grants you the sole right of possession [or repossession] of the apartment, as the action is against the property and not against the tenant. In order to collect the back rent owed to you via a dispossessory/eviction action you would have needed to either 1. personally serve the tenant [instead of having notice tacked to the door, as is what typically happens]; or, 2. In some circumstances the tenant could be viewed as acquiescing to the authority of the court to render a judgment against her personally, such as by filing an Answer. The best practice, of couse, would be to address these issues prior to any legal action because by pursuing one remedy you may be giving up others, knowingly or not. I wish you the best of luck.

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. Phillip A. Strickland, Attorney at Law, [email protected].

Re: Tenant Owes for 4 1/3 months

You needed to ask for all amounts due in a counter claim during the dispossessory (eviction). Whatever was awarded then is what you may collect. Unless it is some new damage or claim, it is barred by the eviction proceeding.

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

[email protected]

www.macgregorlyon.com

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