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Updated over 3 years ago on . Most recent reply

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John Teachout
  • Rental Property Investor
  • Concord, GA
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Rebuttal of a CDC declaration.

John Teachout
  • Rental Property Investor
  • Concord, GA
Posted

We're executing a writ of possession tomorrow morning and the magistrates office said that if the tenant presents a CDC declaration that it will stop it. So we have a team of helpers and all the gear to get this house back from the non paying tenant. They were issued a pay/quit notice, were posted by the court with a dispossessory and didn't file an answer within the requisite 7 days. So by default the next step is a writ. We'll meet the county authorities there tomorrow to do the set out of all their possessions (hate it's come to this) but if they present the CDC form we can't move forward with it. The issue is that if they do present a form, it will most certainly be fraudulent as they stopped paying rent when we gave them notice we wouldn't renew their contract. (they've been awful)

So has anyone ever tried to rebut the tenant's claim? I doubt many municipalities make any effort to verify anything but it is perjury if they lie on it.

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Nathan Gesner
  • Real Estate Broker
  • Cody, WY
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Nathan Gesner
  • Real Estate Broker
  • Cody, WY
ModeratorReplied

It's unlikely your tenant is smart enough to provide a CDC Declaration. Even if they do, the Declaration states they've done their best to make payments to the best of their ability, which they apparently have not done. They're subject to criminal penalties for lying.

Just remember, we live in a new world where law and order no longer exist, so these words may not be worth the paper they're printed on.

  • Nathan Gesner
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