Can we convert/fast-track NonPayment eviction to Holdover later?

Question

Hi all - could use some guidance here. Georgia M2M rental - just served tenant a 60-day (GA law) M2M Lease Termination notice (tenant had been paying partial rent late; not communicating; not helping out with rent assistance paperwork). I am planning ahead and lining up all options to pursue over the next 2 months. IF rent is not paid *at all* for June, and I serve a Pay-or-Quit and proceed to file eviction for non-payment in June itself to "get in the court queue" earlier - does that compromise/invalidate the original, 60-day termination notice in any way?  I want to still retain the "holdover" eviction cause as a backup later in Aug (non-payment evictions are held/moving way slower than holdover, due to moratorium backlogs). Wondering if the same non-payment dispossessory filing can be re-purposed/fast-tracked for holdover cause later, or do we need to start over?  And, yes, I understand it will not be "legal advice" - but just wanted to hear how you would go about it, and sequence of events, to pursue *both* non-payment and holdover without wasting any more time than necessary?  TIA.

Brandon Sturgill · Answer

@Manny K. different angle, but have you offered cash for keys?...we've been able to avoid evictions for offering $500 cash to leave in most cases...paid on the day the tenant is out and the unit is verified in good condition.

Manny K. · Answer

@Brandon Sturgill , @Caleb BrownI would try cash-for-keys, but - how do you offer/execute that when tenant just does not want to communicate at all.  Does not answer the door either.  *Force* an inspection, and hope they are home then?   If not, it becomes very difficult to work with a non-communicating tenant!

Jonathan Styer · Answer

I know that here in Columbus, Ohio they will use the most current notice so if you try to file for non payment after posting a 60-day notice you would need to repost your 60-day and start over if you don't win your non payment case. Good luck, depending on how things are working in your jurisdiction you may be better off just waiting the 60-days (you know they won't be out after that) and then going to court.

Manny K. · Answer

@Gail K.  - thanks; makes sense. Hoping we are able to work it out before filing, and does not go as far as a court hearing!

@Brandon Sturgill - thanks Brandon!  Yes, that sounds like a good next step. I am guessing might as well post a Pay-or-Quit notice as backup, along with that "eviction vs free-cash" note while I am there, correct?  Also, for safety during an unacknowledged inspection entry, is it usually recommended/possible to request a sheriff/LE officer to meet us there..?

Brandon Sturgill · Answer

@Manny K. is this your property?...issue notice and enter. Drop a note on their kitchen table. Outline the consequences of an eviction on one half and the solution of leaving for free cash on the other half.

Gail K. · Answer

"would giving a new pay-or-quit or demand of possession notice in the interim invalidate the original 60-day termination notice in any way?  Or cause headaches later if I want to start over a holdover filing.

No it should not.  This would be akin to a landlord providing the 60 day lease termination and the tenant deciding they aren't going to pay ANY rent during those last two months.  They would be filed on quickly (hopefully) for an eviction.

Your problem (should you end up in court) MAY end up with the tenant stating you did accept partial rent late and did nothing about this so why the eviction now?

Even in my county (Richmond) evictions, while continuing, have been very slow.  To go through the entire process used to take only about a month (this, of course, without the tenant responding they wish a court hearing).  The last one I did recently took 7 weeks, mainly because the Marshal Service was very slow on setting up the actual date for this....and despite the fact that the number of evictions have been down secondary to the moratorium on them.

Thus you may find you get this tenant out quicker through the 60 day lease termination (assuming they abide by this).

I do not believe doing the pay-or-quit business would have any effect on a holdover filing (if it comes to this).  I would not even mention this in court (if a hearing is scheduled).  If the tenant brings it up your explanation is that this person has been paying partial rent late and you were simply trying to remove them from your rental.

Manny K. · Answer

Hi @Gail K. - thanks for the response.  NOT a Section 8 tenant; but paying a portion of rent every month, instead of full rent. During "normal" times, I would not think twice and proceed with non-payment filing asap. But, due to huge backlogs and moratorium delays for non-payment hearings, there is a chance I might land a holdover hearing way sooner (even if filed after 2 months). So, that is causing some confusion - would giving a new pay-or-quit or demand of possession notice in the interim invalidate the original 60-day termination notice in any way?  Or cause headaches later if I want to start over a holdover filing (if the nonpayment one is just not moving at the courts)?

Gail K. · Answer

Is this a Section 8 tenant?  I ask because you mention "partial rent"; not sure if she is only paying part of the entire rent because of this program or is only forking over a small amount of what is really owed?

Filing for a dispossessory due to failure to pay rent is a different kettle of fish than a termination of a lease.  You can certainly file for an eviction even after serving her with this notice (Georgia tends to be a landlord friendly state).  She will either respond  to the notice in which case the issue will go to a hearing or (like many tenants) will either ignore this or fade into the night.

If this does happen to end up in a court hearing I would not bring up the 60 day notice.  If the tenant does then you explain that was your initial intention until your tenant failed to pay rent for June.

Gail

Manny K. · Answer

Knock on door was done after all those attempts :/  But yes, I see your point. I will try that again before filing.

Waiting to hear if others have been able to pursue non-payment filing, while retaining/not-invalidating the original 60-day termination notice to be used for holdover filing (without having to start over!).

Caleb Brown · Answer

@Manny K.

Ah yeah that makes it tough. I’d try calling texting and leaving notes. Try and grab their interest or emotions. If they still are silent then you have no other choice but to go with eviction.

Can we convert/fast-track NonPayment eviction to Holdover later?

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