All Forum Posts by: Cal C.

Joel,

if it is under thirty days they can go after them because it is a felony. In fact, I had a former tenant jailed and convicted when they didn't make good on a check. They paid restitution. Beyond thirty days they can still go after them, but it is harder.

Aly,

sorry I got you confused with another Aly that does invest in GA.

As mentioned in my original post I do use I do use rent collection service and the tenants find that pretty convenient. To entice them to use this I add $50 to the rent if they don't use it.

http://www.dca.ga.gov/housing/HousingDevelopment/programs/downloads/Georgia_Landlord_Tenant_Handbook.pdf

Here is the link

quick tip. The above handbook is an excellent (but not definitive) guide to landlord tenant issues in GA. I realize laws and procedures are different in every state, but this should provide lots of ideas for landlords in other states also.

Joel,

I hear you but for the vast majority of time takings checks has worked out for me plus it is cheaper and more convenient for the tenant.

Aly,

This is from page 62 of the Georgia Landlord Tenant handbook.

"I filed a dispossessory warrant in the middle of

the month and the hearing will not be held

until the middle of next month. Rent is due on

the first of the month. Can I accept rent

while I wait on the dispossessory hearing?

When a landlord files a dispossessory ba

sed on nonpayment of rent, the landlord cannot

accept rent from the tenant because it would give th

e tenant a defense to the dispossessory."

That means if they put one dollar into your bank account they have a defense to the dispossessory. You might want to rethink that option.

Thanks Rolanda! I've learned tons here and at some point will probably share a success story from meeting someone from biggerpockets.

This is my first biggerpockets post but I've been here for more than three years however I have never actually joined. I figured since I've learned so much I should start posting a few of the lessons I've learned as a landlord.

I'm in the process of evicting a tenant. Long story and I might tell it sometime, but I want to stick to a quick point.

In GA, when a check is written for more than $500 then bounces it can be a felony. However, the person taking the check has to either redeposit the check or to get the legal ball rolling they have to send a notice to the writer within 30 days of the check bouncing demanding the writer make good on the check and bounced check fees.

My tenant probably knew this and wrote a check showing the previous month's date, even though they had already paid for the previous month. Since I received the check more than 30 days after the date written on the check, it then became harder for me to prove that I met the 30 day window for demand.

By writing the check this way the tenant probably kept herself out of jail. That is because in GA when someone doesn't make good on the bounced check within 10 days of receiving the demand letter then they can be prosecuted for a bad check,which as stated previously can be a felony.

I'm not trying to explain all of the intricacies of GA hot check law, I'm just pointing out when a check is dated for the previous month, something is squirrelly and I strongly suggest returning the check.

Also one other tip. For my newer tenants I use a rent collection service that for a fairly small fee, makes my life much easier.