All Forum Posts by: Avery Moore

I am really interested in learning about renting out individual rooms out to professionals and possibly students, under one roof. Not sure the term of this strategy.

What books or other resources do you recommend to learn this strategy?

Thank you!

 I'm with Sam. Get a "holdover" clause in your lease that states the tenant will be charged a prorated amount for every day they hold the property. Mine is 3x the monthly rent, prorated daily. So a $1,500 rental would be $150 per day.

Also you could be persistent call them 2 3 times a day they’ll them they need to move. In other words have this be an inconvenience for them which will make them move faster. 

For future reference, a writ of possession must be executed within 30 days.  If the Sheriff is unable to do so, they have provide an affidavit relating to the delay.  It's cumbersome, but you need to be able to protect yourself in the event your tenant is savvy enough to challenge the execution of the writ.  I am a real estate litigation attorney, including commercial and residential dispossesssories (among many other types of cases).  I am not your attorney.

I am going through this right now and have my lawyers working on it. I am not sure where you are but here in Georgia any judgments are supersede by the bankruptcy and as @John T. stated the tenant has an automatic stay from eviction. You have to go through the bankruptcy court. Your lawyers may be able to get you a motion for relief with the Bankruptcy trustee through a filing with bankruptcy court at which point after a hearing you will be able to move forward with the eviction. As stated I am actually going through the same thing right now. Waiting on hearing at beginning of Jan.

This is an update on the eviction process in Clayton County, GA:

Evictions in Clayton County, GA remain a nightmare for landlords. Clayton County Magistrate court judges are in no hurry to enforce the laws on the books. Instead, they continue to string out the eviction process as long as possible to allow deadbeat tenants to live rent free as long as possible on the backs of struggling landlords. Fox 5 news reported on this in September 2022:

https://www.fox5atlanta.com/news/court-backlog-prevents-clayton-county-landlords-from-evicting-tenants

My tenants ceased paying rent in August 2022. My property manager immediately began the eviction process using a highly reputable eviction service. The complaint was filed with the Clayton County Magistrate court in early September 2022. Finally after several months of waiting, we received a court date of February 15, 2023. Yes six months later! We went to court and were successful in winning our case. We received the Judgment against the tenants who continue to live rent free in the property. We filed for the Writ of Possession soon as it became available. In every other county in Georgia, the judge signs the Writ and the tenants are usually set out within 10 days. Not in Clayton County! It takes another 3-6 months. Our Clayton County Magistrate judge gave us a Set Out in September 2023. This gives the tenants another (4) months of rent free living while they continue to destroy the property and there is nothing we can do except wait. So, in September (yes 1 year later), the Marshall will oversee the locks being changed and direct (8) people to Set Out the tenants belongings into the front yard. Only then are we able to retake legal possession of the property. Property investors should think twice before investing in rental property in Clayton County. Beware, you have been warned!