Legal Question in Real Estate Law in Georgia
My neighbor's husband died and she was a week late on her rent. The landlord would not work with her and filed a dispossessory warrant. My neighbor has offered to pay late fees, she has always paid in cash and even offered to pay the next 6 months in advance. What liability does she have?
3 Answers from Attorneys
None. If she is willing to pay the back due rent and late fees there will be no late fee.
Make sure she answers the dispossessory warrant within 7 days and attend the court hearing. Make sure she has proof that she has offered to pay the back due rents.
Assuming that she has not been late for the past 1 year, the landlord is REQUIRED to accept the back due rents and late fees.
If your landlord would like to speak with an attorney regarding the issue, feel free to forward my number.
404-522-0341.
Good luck.
If this is an isolated incident, and she answers and shows up to court ready to pay, it would be almost unheard of for a judge to grant the dispossessory. She can be ready to pay up to current and late fee at the hearing if it gets that far. It is not necessary, and probably a bad idea, to even offer 6 months in advance and paying in cash is not a good idea unless she gets a receipt. She just needs to comply with the lease. It is probably a good idea to consider moving at the end of the current lease.
Forgetting the fact that her landlord is a cruel idiot, she needs to take legal steps to protect herself.
First of all, she MUST answer the dispossesory within 7 days with the court. Second she must be able to prove that she attempted to pay the rent AND late fees. If the landlord refuses to accept this (and he is required to accept it if she has never been late before) she needs to tender the money into the registry of the court within those seven days along with proof of his refusal.
She should NOT pay six months in advance.
And, since she has a jerk for a landlord, she should consider moving at the lease end and not helping that landlord make money.