Real Estate Broker · Canton, GA · Member since 2010 · 15k+ posts · 11k+ votes
A hypothetical:
4 unit building.
Tenant is in the process of being evicted from their unit but no Marshall date yet. Says they will be out by end of the week.
Tenant goes to PM on site and says water is coming down in Kitchen.Tenant knows where water cut off is but does nothing to shut it off.
Fire department comes over and power and water is shut off to the unit.Fire department says to check electrical to make sure it did not get wet.
Solution:
Tell tenant the unit is uninhabitable and they need to leave and locks will be changed today to secure the unit.Ask for a copy of their renters insurance policy.
If they do not leave call the Health Department and have them tell them they need to leave or call the Police and make them leave.
Fire department pushed the water out of the Kitchen.
Tenants owe rent for 2 months so would not move them to another unit.If they don't have renters insurance the leak and damage to any of their property is on them.
Next time when tenant needs to be evicted, maybe go to them with a check in hand, say $100 to $500, tell tenant if they are moved out by Friday and unit is clean with nothing other than usual wear they will get that check. Once inspection is done and everything is good give them the check. That is cheaper.
Hypothetically speaking I am still checking out a few things with Georgia law.
Cops say they cannot remove a tenant without a writ.
Health department was closed over the weekend and so was code enforcement.
Tenant per most leases are required to have renters insurance which covers acts like electrical,water damage,damage to their property up to the face value of the policy.
Another option is that the tenant can pay a plumber,electrician to fix the unit upfront with cash and then keep the receipt and deduct it off the rent they already owe the landlord.
Yet another option would be to terminate existing lease and have them pay back rent owed and move them into another unit with a new lease.
I do not see how a landlord can be forced to put up a non-paying tenant into a Hotel or another unit without paying any money.
I have heard with the Health department or code enforcement they can come in and say a unit is uninhabitable in it's current state and the tenants must leave.
I am curious to find out and call on Monday.
A tenant can sue for sure as anyone can but what they sue for would be offset by rent owed so they don't get anything out of it.
These types of laws vary by state.Cop said you could get power turned off and they might leave but then they also might light candles and pull trim off of the walls to burn for heat.
I have seen in eviction hearings before when a tenant has said that the place is not suitable to live in.The judge asked them why they didn't leave and they said because the rent price is so cheap.
The judge then said you ask the landlord in writing to make the repairs.If they do not make the repairs then you leave or pay to have the repairs done and keep the receipts so they can be deducted off of the rent owed.
The judge said he has never seen a tenant pay for repairs in his history on the bench.Then the judge simply issues judgement in favor of the landlord.
Hypothetically speaking the tenants need to leave or fix the place on their own cost.Doesn't make sense as a landlord to fix a bunch of crap for non-paying tenants you would are evicting anyways.They will just cause more damage to the unit.Better to get them out and then fix everything.
Unfortunately you are dealing with a legal issue, and what common sense tells you is "right", isn't always the way it works.
Until you have a judge's order evicting them (or whatever is required in Georgia), find them a place to stay. I know it doesn't seem "right", but not doing so could cost you plenty.
