Filing for an eviction

18 Replies

Can landlord file for an eviction after taking a partial payment? 

@Brittany Scott   Yes and No. It depends on the jurisdiction and applicable landlord-tenant law. 

I see you are new to Bigger Pockets. Are you a landlord or a tenant?  Tell us more about the situation and we can provide a better answer to your question. :-)

@Brittany Scott A lot of landlords “ in the know” won’t accept partial payment for eviction / court reasons

I’m a tenant and my landlord excepted the partial payment for the month of August I’ve never been behind on my rent ever before and after she excepted the partial payment I advised her that I would pay the rest with it two weeks the fri i’m a tenant and my landlord excepted the partial payment for the month of August I’ve never been behind on my rent ever before and after she excepted the partial payment I advised her that I would pay the rest with it two weeks  which would have made It  A Sunday that Friday she contacted me and asked me if I was able to make the payment and I explain to her that I would need until Sunday she told me that she no longer one of the payment and she was falling for  possession of the property and do not place any money into her account!  I’m new to Georgia I really don’t know any of the laws with the landlord Tenant,  she also gave a third-party my contact information and they were contacted me saying that they were in a eviction company I googled them and I found no information I also contacted the BBB and no information was generated!

@Brittany Scott What did you expect your landlord to do if a tenant won’t pay their rent ? Just wait around and wish and pray that you’ll eventually get your act together and pay your commitments ? I don’t know Georgia law but it’s probably safe to say your going to be headed to eviction court . In my state I’d post up a quit or pay notice on the 5 th day and on the 15 I’d file for eviction with the magestrate . Ideally By the end of the month the police are throwing you and all your crap out of the buildIng . Landlords count on your rent to pay bills . Without that income it can make things extremely tough to keep the house operating . What your doing by not paying is theft . Your stealing services and taking advantage of someone . Pretty sad . Did you have enough money this month to buy beer cigarettes lotto tickets or convenience store items ?
Originally posted by @Brittany Scott :

I’m a tenant and my landlord excepted the partial payment for the month of August I’ve never been behind on my rent ever before and after she excepted the partial payment I advised her that I would pay the rest with it two weeks the fri i’m a tenant and my landlord excepted the partial payment for the month of August I’ve never been behind on my rent ever before and after she excepted the partial payment I advised her that I would pay the rest with it two weeks  which would have made It  A Sunday that Friday she contacted me and asked me if I was able to make the payment and I explain to her that I would need until Sunday she told me that she no longer one of the payment and she was falling for  possession of the property and do not place any money into her account!  I’m new to Georgia I really don’t know any of the laws with the landlord Tenant,  she also gave a third-party my contact information and they were contacted me saying that they were in a eviction company I googled them and I found no information I also contacted the BBB and no information was generated!

 In most areas a landlord cannot evict if partial payment is received. Best advice here is going to be to find out if there is any free or reduced priced legal aid offered to tenants for landlord/tenant disputes. Outline everything for them and take their advice.

In addition, once you have the rest of current months rent, get it to the landlord. If he or she refuses to accept, keep a record of your attempt. Then follow through to eviction court and tell judge you tried to pay and landlord did not accept. If you are ready to pay on the day of court, judge should have no reason to kick you out.

If you have not already done so deposit the remainder of the rent owed into her account immediately. Make sure the full amount of September rent is paid in full and on time. Do that and you will not have any problems.

Don't ever miss a payment again.

If you can not pay all of September on time I suggest you pack your bags.

My guess is your landlord does not know how to evict legally (majority do not) and will likely not be successful. There is however likely a alteriar motive for her to want to evict you so if I were you I would be asking to get out of your lease and move asap.

@Dennis M. well Unfortunately I had to buy air conditioners for all my windows for me and my children because the air conditioner unit wany out 3 times in one month the last time that it went  we was out of air for a week so that’s pretty much where my rent money won’t when it was time to pay her that following Sunday she refused and  prior to  August is rent my rent was paid up three months in advance I pay my bills on time it’s just that I ran into a hardship having to buy unexpected air conditioning So please do not judge a book by its cover I came to this group for help and advise bro to bw bashed 

@Thomas S. I have the remaining balance and I also have the court fee Nd the September rent. Thank Yu for the advise and your help 

Look Rent comes first !..then that stuff what’s wrong with dollar store box fans or window units till you had funds for the ac units ? Why does the landlord have to take the hit and be ripped off ?Why do you need an ac unit for every window ? . Craigslist has used  ac units all the time for under 50$ . I hope you gain the ability to see things from another persons perspective 

@Dennis M.  why should be in by kids have to sleep in the heat when my rent was paid on time every month? Why count she have  maintenance man come fix the air conditioner properly?  She was not being ripped off I gave her half of the rent and I told her I will have the other half when I got paid the following week ! And I have children with medical needs George’s heat is way different from Pennsylvania heat! 

@Dennis M. And I’ve been seeing it from her perspective I just thought she would’ve think it from my perspective being as though she understood the situation and that the air went out three times in the last time we was out of air for a full week and Georgia legally they have three days to fix the air or I can take the funds and stay in a motel because the house is

Up until about 40 years ago people didn’t even use residential air conditioning they used fans lol  does it specifically say in your lease that air conditioning  is provided by the landlord and does it say you can pay part of your rent if the air conditioner is acting up ??  

A Landlord can only file an Eviction case. A landlord or no one else can Evict a person (Only a Judge can Evict a person). My advice to you is send the rest of the rent via Certified Mail to your landlord. If the landlord accepts it then you're fine. Make sure to keep all records. If your landlord sends the funds back to you and files for an Eviction. Then once you receive the Court papers go pay the remaining rents directly to the court (again keep all records). In Court explain to the Judge that you paid part of your rent to your landlord and when you tried to pay the rest your landlord wouldn't accept it so you paid your rent directly to the Court. Also your landlord has to send you a Notice of Eviction. If the landlord has not done so and filled for an Eviction then the Judge will dismiss the case. 

Make sure you show up on time for Court.  Even if your landlord says he/she dropped the case. If you do not show up for Court you're automatically Evicted.

If for some reason the JP Judge Evicts you then you'll have 5 days to Appeal. I would advise you to Appeal it. By Appealing your case it'll over turn the JP Judge Decision. 

Hope this helps! 

@Brittany Scott - Regarding payment of half rent and your landlord: I am a full time landlord in Georgia for 14 years, and I speak the real truth - there has been some half-truths being tossed around here. I typically have one eviction and/or one owner finance foreclosure per year ( we do lease-options and owner financing) - so I know what I am talking about. First, if your landlord accepted payment - partial or otherwise, they cannot bring an eviction during the month you paid. Period. End of story. She may fill out the forms starting next month, to include what you are behind in the previous month, but cannot accept any payment and continue the eviction during the same month. It will be tossed out of Magistrate court. Second, If you paid for air conditioners - and can prove you paid for them with receipts, etc, this is illegal in Georgia for the landlord. If you accepted the condition of the property when you signed the lease, and the home came equipped with working AC, the landlord must accommodate the repairs or replacement within a "reasonable" amount of time. The judge may in fact toss any eviction out based on you improving the home. This is a huge no-no in the law. Your landlord should have known this before she threatened eviction. She will have to meet the nice judge and explain herself there...I wouldn't want to be in her shoes. Third, just because she threatens you with eviction, if you mailed in your payment before month end- and she accepts the payment, eviction threat is gone. Even if late, if she accepts, it's a moot point. Next month is a new month to receive rent on time. Fourth, even if the case has been filed, there are no guarantees the judge will side with the landlord, especially if you tried to pay her, and if she refused, she still has to answer for the AC that you paid for  - which she owes you for improving the building, and it's not your responsibility. Finally, does your landlord understand the costs of eviction? Each county is different, but I have paid $95 for each adult occupant on the lease, while not having any rent coming in while the courts arrange for a date 2-3 weeks out ( in my county). Then, the judge makes everyone go in the hallway to try and work it out, payments made, etc. Not a slam dunk for landlords unless a serious amount is owed - then almost an automatic win. Also an automatic win for the side that doesn't show up. I wish I had tenants behind by a half month...I'll easily swap with your landlord! I've had tenants break dishwashers, stoves, faucets ( how- I still don't know). Replaced NEXT DAY - even when I was out of town for the dishwasher. And..all appliances were only 3-4 years old when stopped working. So- I do not feel for any landlord that does nothing but expect rent always on time...especially if the tenant improved the home. Homes always need upkeep - there's wood rot, AC low freon issues, appliances - I drive our homes 2x per year looking for "things".

@Richard Balsam Thank you for the valuable information and I also have a question I have a private landlord but she got some type of third-party company involved and have them contact me with the phone and text message and I was wondering is there such thing as a third-par thank you for the valuable information I also have a question I have a private landlord but she got some type of third-party company involved and have them contact me with the phone and text message and I was wondering is there such thing as a  eviction management group who files the eviction for the landlord?  I googled the Evection company and nothing would generate it I also contacted the BBB and no results were found how would I go about seeing if this is a legit company located in Georgia

 The best way to research if a company is incorporated in the state, is to google “secretary of state division of corporations, Georgia”. All active companies are listed there.  If you cannot find them, or if their annual fee is not current, they are not a real corporation.  To answer your question, third-party companies can file evections such as management companies, or Lawyers on behalf of the landlord. However, nothing can be done until they mail you a Demand Letter specifying what is owed, and giving you a certain amount of time to pay the balance owed as detailed in the letter. No eviction can happen without proper notice first. if they go ahead and file for the eviction, without giving you proper notice, the judge will dismiss the case. Final result of that, would be no rent received during this time, while waiting for the court date. You should continue accumulating the rent due during this period, as it will be owed. It doesn’t sound like you’re Landlord knows the laws, or what to do, and is looking for an excuse to either bully you, or remove you. Either way, the result will be a temporary reduction in rent received, or an empty house that they must advertise to get someone else, who usually doesn’t have to move until the following month anyway. Not a very good business decision on the part of your landlord over half a months rent due.  Don’t forget, even if the eviction does not happen, the landlord can give you notice that she will not renew your lease, a minimum of 30 days in advance, whenever the expiration date is. If you’re planning on moving at that time, I highly suggest to start looking around 1-2 months before hand and give  your landlord written notice that you are not going to renew the lease.   

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