Tenant has not paid rent since two months- is eviction allowed ?

Question

Hi! I have not received rent from tenant since last two months in Newton county, GA. Is eviction allowed in Newton county, GA? Generally, how long does it take normally for the whole process? Are there any other options or suggestions? Thanks

Patricia Steiner · Answer

You need to know this:

"THE CDC EVICTION MORATORIUM HAS BEEN EXTENDED UNTIL June 30, 2021, MEANING THAT NO ONE SHOULD BE EVICTED SOLELY FOR NON-PAYMENT OF RENT UNTIL THAT DATE. ... DCA is currently providing rental assistance through the State of Georgia Rental Assistance Program in communities that did not receive their own funding." (https://www.dca.ga.gov/)

Recommendations:

1.  Offset the security deposit for the past-due rent now.  In Georgia:

" In the state of Georgia, a landlord may be able to keep all or a portion of a tenant's security deposit for the following reasons: Nonpayment of Rent. Fees for Late Payment of Rent. Nonpayment of Utility Bills."2.  File a Small Claims Court Filing against the tenants for the full amount of the rent owning.  It is a very inexpensive and quick process that most municipalities provide online filing.  While you might not be able to evict yet, you are still due that rent. The moratorium is not a "forgive and forget" scenario so file for a judgement.  Often times, this is the wake up call for a tenant who isn't paying simply because they think they can get away with it.

3.  Have you sent a Notice To Quit for Non-Payment of Rent to the tenant yet?  If not, do so now and secure your place in line when evictions are allowed in Georgia.

4. Schedule an inspection of the property to determine any damage or lease violation.  KNOW: the moratorium does not include lease violations - only non-payment of rent. If any violation is noted, you can issue a Notice To Quit/Cure and start eviction within days.

What not to do is as important at this point: do not accept partial payment of rent.  It could result in your court filing and eviction being thrown out.  Do not have any verbal contact with the tenant.  Everything needs to be in writing.

You're running a business.  Knowing the Landlord Tenant Laws in the states where you operate is a must.  You don't need to be held hostage by the moratorium.  There are things you can do now and after it to collect the full amount due.

Start now.

Milan Patel · Answer

@Patricia Steiner Thanks. Great information and very useful!!

Milan Patel · Answer

@Dominic A. Thanks for your help.

Dominic A. · Answer

Hopefully, someone is able to speak to GA specifically, but you should at the very least be able to get a hearing for the amount owing (if not the termination of tenancy) things have slowed down lately..but also moved online in most regions so you should be able to have something within 30 days. A lease is a business (legal) agreement/contract; if they are failing to pay the money they owe is enforceable unless they have some sort of government protection.

As far as I know, even with Covid, there is no state which is clearing the debt as a whole without compensation for the landlord. If someone knows of a state or jurisdiction that is doing that though, please share!