Eviction in Georgia

[Don Chambers]

I have a tenant in Georgia that has not paid rent so I filed for an eviction. They filed an answer and we will have a court date. Usually in this case I win and get a judgement.

The tenants have not contacted me or responded to my letter. However, I just received a money order for a partial payment. I will not accept a partial payment and plan to go through with the eviction.

Do I need to return the un-cashed money order?

I would like to just take the money order to court. Explain that I didn't cash it because I don't accept partial payments. Then get the eviction and the judgement. Then I will cash the money order as payment on the judgement.

Is this logical?

Do I have to return the money order in order to not accept it? Or can I just not cash it?

I can return it in court if needed.

[Andy Luick]

I would send a certified letter back to the tenants telling them that you cannot accept a partial payment & that you are taking it down to magistrate's court. I would then take it down to the magistrate's court and deposit it with them until the judge can rule on it. In my mind, a mailed money order isn't payment of the rent until it is cashed but I wouldn't want to take that chance. Not sure where you but Fulton County can be a crapshoot sometimes. Most times, partial payments are made in cash or at least in person and you cannot accept those without resetting the eviction wheel in GA. Now you could also accept the money order as a partial and then immediately refile for the difference. Do you want the tenant or do you want them out? If you want them out, I would try to deposit the money order with the court and it can then be applied to your damages when you win....half the time the tenants don't show up anyway...even after filing a response. I'm so happy I don't deal with single family renters anymore...absolute nightmare the atlanta market and a headache for tons of investors.