Eviction company name

4 Replies

I have recently bought several rental properties from a friend. He only had a few but I have 16. I am now managing these all under my company. When the leases come up for renewal I renew then with my company lease.

Now I have a tenant that I must evict. I have already filed for the eviction under my company name but then I realized that the tenant is still under the lease from the old company (my friend's company).

Our agreement was that I would take over all the duties of the houses. He is finished with them. The leases were assigned to me - I bought them. 

Is there a document I need to bring to court to explain why I filled eviction under a different name than that on the lease? (I am in Georgia)

In my state you must be the owner or full-time employee of the property management company in order to represent it in court. I could not file under his company name and go to court.

Hopefully you have some paperwork from the original owner which documents the sale/transfer of ownership which would explain why the eviction is filed under your name. Also, do you have documentation that the tenant has been notified of the new ownership & how /when/where the rents should be paid including late fees and things of that nature?

@Don Chambers  not to be too cookie cutter but this would be something I would call my local eviction attorney to ask what was needed. Nothing more frustrating than making it a couple of weeks into the process and be told you have to start over just because of paperwork. The fee to ask the question of the attorney would be less than the cost of a delay.

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Originally posted by @Andrea M. :

Hopefully you have some paperwork from the original owner which documents the sale/transfer of ownership which would explain why the eviction is filed under your name. Also, do you have documentation that the tenant has been notified of the new ownership & how /when/where the rents should be paid including late fees and things of that nature?

I was already a partner on these houses.  They were the first 3 houses I ever bought and we did it together.  I just bought him out but I was already on the bank account and the po box and the phone number.  

 I have not notified the tenant. We tried to reduce the impact to the tenants.  I only tell them at lease renewal.

It's been very smooth but I worry what court will say.  I have signed and notarized paperwork stating our deal.

@Don Chambers  So let's look at this situation: Tenant gets court paperwork with your name on it, not your now ex partner . Tenant has no clue who you are, because tenant wasn't notified of the buy out/new ownership & how/when/where the rent should be paid (some tenants can be very creative )  as well as the other terms of the lease buy out, which will most likely be the reason why the tenant says they haven't paid because they don't know who you are & haven't been notified of any new ownership. Tenant can also say they paid your partner who is no longer the owner as the tenants defense in this situation and can delay your gaining possession of the property.

I would notify my tenants in writing of new ownership & keep a copy for myself in a situation like this, so there is no delay if an eviction should arise.