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Updated almost 12 years ago on . Most recent reply
tenant
tenant is making false claima of rodents, in an,attempt to lay the groundwork for withholding rent or to prolong the eviction process. what can i do to prevent this plan. the repairman says nothing is wrong
Most Popular Reply
What county is your property in for Georgia??
Saying rodents will not prolong the eviction process. Tenants goes up in front of the judge and starts saying all these items are in need of repair.
Judge will ask did you give notice in writing of the repairs to the landlord?? If they say no they are SOL or they do not have the document. If they have a witness but they are not at court that part will also be thrown out. Judges have seen every tenants game in the handbook.
The judge will tell the tenant if the place was unsafe why are you staying there?? Tenant will say I have no money or place to go etc. and judge will grant eviction.
Tenants cannot withhold rent for repairs. Rent and repairs are separate issues. If tenant gives notice to landlord of repairs in writing and the landlord does nothing then the tenant may pay for the repairs themselves and deduct the rent owed for that month. That is something I have seen judges grant in favor of the tenant.
How many tenants pay for repairs and deduct rent?? Judges will tell you they have seen zero to just a few cases in their time on the bench and it hardly ever happens. Sounds like you just have a professional tenant. Go ahead and start evictions immediately and make sure to file a separate claim "and all others " when you start the process. If not when the Marshall goes out they will only be able to evict the people on the lease and their minors. Anyone staying with them you would have to evict all over again if you did not have "and all others".
no legal advice
- Joel Owens
- Podcast Guest on Show #47