All Forum Posts by: Manny K.

@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..?   

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)?  

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!).   

@Brandon Sturgill , @Caleb Brown
I 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!   

Thanks for the reply @Jonathan Styer . That's a bummer :(  That will add a ~50-day delay in filing. What if we mention smthg like - "This pay-or-quit notice does not supercede or invalidate the 60-day lease termination notice served on xx/xx" ?   Also, if the non-payment filing is not scheduled/heard by court for another 60-days... isn't it still possible to file a new holdover case (based on the orig. 60-day notice and demand for possession after termination date?) ?

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. 

Hi Mary - thanks for sharing the link. I checked fine print, and that program currently excludes all large counties & cities - which have received their own funds and are running their own local programs (which my property is covered under). I have already pursued those local options, and they all need tenant to complete their part of the application, and provide proof of income and Covid hardship. 

Ok, I see your point now re: the CDC form evidence @eviction. Yes, I would accept the 20% haircut if only tenant would cooperate and help me/govt help them!  I looked into all local programs - and they all need some paperwork and docs (Covid hardship proof, paystubs or W2 or tax return or unemployment income proof etc.), from tenant, which is not in my hands, but am trying! Thanks again.  

Wow, I love your healthy, optimistic perspective!  Such a better way to look at things, and yes, it is true!  Appreciate the encouragement and advice :)   

Hi @Nathan G. - thanks for your response. I have tried everything to get the tenant to complete the assistance formalities - started their  application, filled out most, but it still needs supporting documents to be sent directly by tenant, which they are not doing and not communicating.  I am not clear what purpose serving the CDC form will serve here. That form is a formality which almost EVERY tenant will qualify for and not hesitate to check the box and return - so, how exactly does it HELP the LL?  Seems like it will just help the tenant avoid the eviction (since everyone will claim < 99k income and some unproven "hardship"), but not help the LL's case any (unless its the 1% tenant who cannot or would not claim they qualify on that form).  

Do you have a link to this other Landlord-driven program, which would pay 80%?  Is that truly a landlord-focused one, or does it still need tenant to cooperate, complete paperwork and submit supporting docs?   

So, I get it that if tenant is not communicating and not completing assistance application - we want to get them out. Question is - HOW would you go about it, in this case?   Since tenant *is* paying partial rent, and is M2M - is *this* a good time to serve 60-day termination notice?  Or wait it out another.. 6 months?  Or, attempt cash-for-keys?   Moratorium excludes holdover, but courts do not seem to care, and are not scheduling ANY hearings!  I have no way to guess how long it might be before the holdover case will result in eviction, if I end lease in 60-days.