I have a tenant that has not paid since 2/2020. The lease ended 03/2021 and still will not vacate. Through some research, I have found some things out that were not divulged to me from the property management company. This is information that should have been found when they ran credit and the criminal background check and told to me before the tenant signed a lease. I am looking for a real estate attorney that understands property management, the laws of Georgia, and my rights as landlord of residential property. Or advice on how to proceed.
I think I see where you are going with this. Need the tenant out > why did this happen > I have a bad pm > I need a new pm. Good use of your 5 Whys.
I suggest that you tackle the problem that is right in front of you - you have an eviction they you want to do and need a lawyer. Can you do this yourself? Yes. Is this easier, but more expensive, with a lawyer? Definitely. Get a lawyer and tackle the first problem first.
As you get the tenant out, you can start looking at what you want out of the pm. Is the selection process the only issue so far? Would this have been an issue if not for eviction moritoriums? Start by writing down what you want out of your pm now that you have some experience.
I would first file for eviction and make sure the tenant is removed from the property. A quick google search on real estate attorneys can get you a lawyer who can file these for you since the tenant is now staying beyond their lease. The lawyer can also guide you on tackling the PM issue and see what your next steps are as far as filing a case against them. Remember that PMs have their own lawyers they use for their properties so you might be up against a lot. Good luck though
Your PM failed in their screening department, but aren't they still responsible for helping with the eviction? They should already have an attorney, or be able to represent you themselves. I would try that route first.
Go back to the top of this forum and read the sticky thread about the CDC eviction. There is a form for tenants to fill out confirming they meet the requirements of the eviction moratorium. I would send that along with the 3-day Pay or Quit Notice or whatever your next steps is. IF the tenant fails to return it and demonstrate they qualify for the eviction moratorium, it should help your case in court.
Thank you for your replies. I have started the eviction process. I believe the PM did not do a proper background check. I will get through the eviction process and work from there. Thank you.