Non-Payment - Landlord may proceed to Dispossessory (Eviction) without having to serve a notice.
Infractions of the Lease -Cure or Quit Notice: Georgia law has no time frame when it comes to breaking of the lease notice. \
End of Tenancy-Month to month 30 day notice. The notice has to served prior to due date.
Dispossessory Proceedings (Eviction):
1) Dispossessory Affidavit/Answer
2) Summons
3) Writ of Possession
Bad Check: If a tenant passes a check to pay rent that has insufficient funds in the bank account, the landlord can serve a notice and demand form to the tenant.
Non-payment of rent: The landlord can proceed to the eviction when the rent is past due and no notice is needed. I would suggest serving a demand notice for the rent.
Breaking of lease: When the tenant breaks a rule and regulation set forth in the rental agreement, the landlord can proceed directly to the dispossessory proceedings.
End of tenancy: When a landlord wants to end the rental agreement, a 60-Day Notice must be personally served to the tenant.
1) We show the tenant the quit or pay notice at lease signing. Explaining that if we don’t get all the rent within the time frame stated, we will obtain an eviction to seek relief for rent due and possession.
2) On the rental application, be sure to have a middle initial, birth date, social security number, closest of relatives, preparing yourself with information for the post-judgment proceedings.
3) When the tenant calls regarding the quit or pay notice, and ask if they can pay the rent past the time allotted on the notice, make them commit to a time when all the rent will be received with the late fee. Then it’s your decision either to wait or proceed.
4) Stress at the move-in that the rent is the number one bill. The rent should be paid before paying the cable, cell phone bills, or eating out at restaurants. We want our money.
5) Don’t be afraid to say, “If the rent is past due, I want the late fee”. We stress that when we pay our bills late and pay the fee. 6) Obtain all your security deposit before move-in. The first money you collect is for the security deposit.
7) Naturally, in a perfect business relationship between landlord and tenant, the tenant has the first and last month’s rent and all the security deposit. But we find we are dealing with clients that live week to week. Try to get as much of this before move-in as you can. First money you collect is for the security deposit then when that is paid the next is towards the first month’s rent.
8) Remember that this is business. Don’t take remarks serious. Business is tough. Respect it. It is not supposed to be warm and fuzzy.
9) Avoid verbal confrontations, stick to serving the notices, obtaining court proceedings and post judgments. Why fan the fire? Let’s face it. Actions speak louder than words!
10) Never rent to family or friends. This is a good way to end a relationship. And if we have to evict, the once good situation, becomes very ugly.
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