Anne E. arder Atlanta egal Aid Soiety, In. 151 Spring Street, NW Atlanta, GA 30303 (404)614-3920 GENERA GEORGIA ANDORD/TENANT Otober 2005 I. Evitions Issues A. Iflandlord-tenant relationship -landlord must use statutory dispossessory proess to evit 1. Question about roomers and boarders Failure to use results in unlawful evition u 8..oJ J B. Prerequisites to Evition. 1. 3. ease must be terminated if tenany at will 60 days notie if during lease term - must be for ause, breah of lease if publi housing or Setion 8 projet based for ause only if setion 8 tenant based at end of term or for ause during term all subsidized must be suffiiently speifi to allow tenant to defend andlord must demand possession - orally or in writing If subsidized housing, landlord must terminate lease and give demand in writing. Publi housing lease termination and demand must be in separate writings although an be sent in same envelope Setion 8 omplex based an be in same writing Setion 8 tenant based an be in same writing Grounds for evition 1. Private landlord - at end of lease term for holding over if lease not renewed If tenany at will - 60 days notie to vaate 3. Ifpubli housing or Setion 8 omplex based - for ause only 4. If Setion 8 tenant based - holding over or at end of term 5. Failure to pay agreed upon rent
II. Dispossessory Proess A. Ation filed in appropriate ourt 1. In Magistrate ourt or State ourt If your starts in State ourt - make sure you request the 6 month disovery period if deemed neessary may have to pay rent into ourt during this time andlord, his agent or attorney must sign be aware of ompanies that file dispossessories - annot sign B 0 0 0 B.. D. Servie 1. Tak and mail no money judgment if answer not filed issues of tenants not being served landlord knew tenant not at home (hospital, jail, out oftown) problems with unloked mail boxes or tenants losing keys - and landlord knowing Personal landlord an obtain, money judgment even on default Answer 1. Tenant has seven days in whih to file Some question as to whether a tenant an open a default 3. Must make all ompulsory ounterlaims 4. an amend up to trial- even orally 5. an amend during trial if parties agree 6. an file motion to amend for after aquired laims Defenses 1. No demand 3. Improper termination failure to give 60 days without ause during lease term subsidized housing Rent paid 4. Rent tendered on or before usual date, but not aepted wavier if pratie was different from written lease
landlord must give notie if enforing terms in future 5. 6. 7. 8. Partial payment Tender defense Retaliation for alling housing ode Anti-Slap O..G.A. 9-11-11.1 Bankrupty 9. Failure to repair an be defense to rent owed and ounterlaim for damages 10. Attorneys fee. unless there is a lease lause allowing attorneys for tenants upon landlord's breah, landlord annot laim fees for tenant's breah E. Payment of rent into ourt 1. On appeal - may be required to pay judgment also If ase annot be heard within two weeks of date of servie 3. Does not have to be paid with answer 4. andlord must file motion 5. Pratial onsiderations at what level to assist, if loses at mag t an tenant pay rent judgment whether an request 6 month disovery is it subsidized rent and is it orret r.j... r F. 6. If amount at issue, last agreed upon amount if subsidized, last agreed upon amount may not be orret 7. Failure to pay - immediate writ of possession 8. Affets possession not right to pursue ounterlaims or other defenses 9. lerk should not refuse late payments Disovery 1. Disovery at Magistrate ourt only upon motion and ourt's disretion
Subsidized - requirements to allow tenants to review tenant file and obtain other douments G. Trial 1. 3. No right to jury trial in magistrate ourt Modified in some Muniipal ourts In state ourt same onsiderations as with other ases whether you want to request jury or not H. Judgements 1. Writ of possession in seven days if not appealed an only obtain rents for past due and through seven days 3. an be modified or set aside upon motion and disretion of the ourt I. 4. Res judiata effet of prior judgments Appeals 1. All must be within 7 days o B o III.. From magistrate ourt to state or superior ourt as matter of right within 7 days 3. If to ourt of appeals need to deide whether on ertifiate of immediate review or disretionary - need to arefully review ourt pf appeal proedures - file both types if unlear. andlord's duty to repair A. May be basis for defense or ounterlaims B. Duty annot be waived by ontrat. andlord annot evit for aljing Housing ode D. Notie to landlord 1. As basis of defenses or ounterlaims no requirement that it be made in writing
o As basis for repair and dedut must be in writing Q IV. Sale A. andlord sale 1. Bone fide purhaser takes pursuant to lease a. Either former or new owner must give notie to tenant where rent should be sent Forelosure against landlord on ourthouse steps - new owner does not tale subjet to lease a. no lease between tenant and new owner unless negotiated b. in evition tenant does not owe rent to new owner B. Owner-oupied Forelosure 1. Bank must bring evition against former owner who lives in the premises V. Wrongful Evition A. Failure to use Dispossessory proess 1. Sets out oks out 3. Interrupts the use of utilities r.-
f) Iffi ~ ROOMERS AND BOARDS I. Subjet to innkeeper laws O..G.A. 43-21-1 II Is it a landlord- tenant relationship? A. Zoning B. ength of stay of residents. Rental period D. Does owner furnish furniture, linens, meals, maid servie E. How many F. What failities are shared and by how many persons III. If Rooming or Boarding House A. To terminate lease without ause must give notie in same period as rental period E.g, if rent is paid weekly, must give 7 days notie B. lffor ause does not have to give prior notie. Must hold property for 30 days 1. Owner is liable for any damages to property Owner may dispose after 30 days