Tenant deposited partial rent during dispossessory

[Timothy A.]

Hi team, 

I could use some eviction advice. Tenant in Georgia owes $4500 of late rent. 3 day notice is passed and I filed the dispossessory with the court. She has since deposited $2k directly into my bank account and promised to pay the rest by month end. I know accepting partial payment essentially means I have to start the eviction process over. But she deposited the funds directly into my bank. I would have refused otherwise as I would only accept full payment. 

Do I give this money back somehow in order for the current eviction to proceed? Do I demand the rest before the 7 days are up? Should I keep the $2k and start a new eviction? If so, she'll probably deposit partial funds again and I'm back at square one. Thoughts? 

[Gail K.]

Timothy is correct.  Georgia has no statute regarding the number of days for a Pay or Quit.   In actuality, under statute 44-7-50 a landlord can demand rent and if not received right there and then can immediately begin the process of eviction.  We have some strange landlord/tenant statutes, including some still on the books that address sharecropping.

Like Timothy we use a 3 day Pay or Quit notice.

ARTICLE 3 - DISPOSSESSORY PROCEEDINGS
§ 44-7-50 - Demand for possession; procedure upon a tenant's refusal; concurrent issuance of federal lease termination notice

O.C.G.A. 44-7-50 (2010)
44-7-50. Demand for possession; procedure upon a tenant's refusal; concurrent issuance of federal lease termination notice
(a) In all cases where a tenant holds possession of lands or tenements over and beyond the term for which they were rented or leased to the tenant or fails to pay the rent when it becomes due and in all cases where lands or tenements are held and occupied by any tenant at will or sufferance, whether under contract of rent or not, when the owner of the lands or tenements desires possession of the lands or tenements, the owner may, individually or by an agent, attorney in fact, or attorney at law, demand the possession of the property so rented, leased, held, or occupied. If the tenant refuses or fails to deliver possession when so demanded, the owner or the agent, attorney at law, or attorney in fact of the owner may immediately go before the judge of the superior court, the judge of the state court, or the clerk or deputy clerk of either court, or the judge or the clerk or deputy clerk of any other court with jurisdiction over the subject matter, or a magistrate in the district where the land lies and make an affidavit under oath to the facts. The affidavit may likewise be made before a notary public, subject to the same requirements for judicial approval specified in Code Section 18-4-61, relating to garnishment affidavits.
(b) If issued by a public housing authority, the demand for possession required by subsection (a) of this Code section may be provided concurrently with the federally required notice of lease termination in a separate writing.

Gail