Eviction: got a court date

Eviction: got a court date

Bethlehem, GA · Member since 2017 · 46 posts · 20 votes

The tenant whom I filed an eviction last week, filed an answer. She said she was in an abusive relationship and her partner didn’t let her work or go out of the house until he was incarcerated for kidnapping and assault. This happened late November. In The first week of December, she told me that she’s applying for rent assistance from Project Hope but I never received or heard from that charity.

Since then she has found a new job on the 2nd week of December but has not paid a full month’s rent. She sent in $30 and $125 which I told her would be credited to October back rent. She has $0 credit for November, December and January rents. She said she has been trying to pay but what i got was these $30 and $125. I am afraid that her sob story will win the sympathy of the judge... any advice on how I should prepare for the court date? What should I anticipate? Will i get her to move out so that I can find a paying tenant? I have a mortgage, insurance and taxes that i pay monthly for that property. Thanks in advanced.... if you don’t have anything positive to share in this problem and have only snarky remarks, please keep them to yourself. This is a community of people who want to help others and not put them down. I appreciate it.

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  • Lender · Playa del Carmen, México · Member since 2014 · 2k+ posts · 1k+ votes
    5y

    Hi @Joy James, I hate that you're having to deal with this. I've been a landlord in Georgia for over 20 years and I've had my share of non-paying tenants.

    First, I'll state that I'm not a lawyer and am not offering any legal advice. You should definitely seek experienced legal counsel in this matter.

    That said...

    I'm not too concerned that the judge will fall for a sob story. Fortunately, Georgia landlord-tenant law is pretty clear: Inability to pay is no defense against an eviction (called a dispossessory suit or "dispo" in Georgia).

    I'm far more concerned that you might have accepted payment from the tenant after you filed your dispo. If you didn't, awesome. If you did, that's a huge problem and could require that you file the dispo all over again! If it were me, I would immediately refund any money she sent along with a letter explaining that you cannot accept anything but full payment. This would need to happen before the court date.

    Also, and I know this might sting a bit, you should consider giving her a cash incentive to terminate the lease and move out. If you factor in your time, the court filing fees, the cost of serving the tenant with the suit, and the cost of a carry-out, the thought of paying the tenant $250-500 to leave doesn't seem so strange.

    I'd urge you to talk to a great attorney who specializes in dispos. As you are aware, the consequences of getting this wrong can be very expensive!

    Good luck!

  • Theresa HarrisPro Member
    Member since 2019 · 15k+ posts · 11k+ votes
    5y

    Right now there is a lot of 'free' money being handed out.  There is no reason she couldn't have applied for some.  Also if she was in an abusive relationship, why would she want to stay in that house?  The latest covid relief package had money in it for landlords to get back rent.

  • Bethlehem, GA · Member since 2017 · 46 posts · 20 votes
    5y

    @Mitch Messer

    Hi thanks for your input. The good thing is, she sent those $30 and $125 in December but i filed for eviction on the 6th of January. Rent is always due on the 1st. I was waiting for the GA rent moratorium to be lifted.

    I could offer cash for keys, but i think she is after free housing.... i already offered her to vacate at the end of December without owing me any back rent but she refused promising to pay because she’s got a job. Well, she sent $125 instead of $975.

  • Bethlehem, GA · Member since 2017 · 46 posts · 20 votes
    5y

    @Theresa Harris

    Hi, her fiancé is in jail since end of November. I removed him from the lease since she requested due to the Restraining Order.

    I know, right? She surely got her stimulus money early this month but didn’t care to send rent.

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