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#1 momof 3

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Posted 04 September 2009 - 06:58 PM

For the past several months my daughter and her husband have had set back after set back financially and it has finally come to a head. They are not behind on their rent, it is paid through 8/31, but it is due today and their landlord said that if they didn't pay it, they had to be out of the house by Wednesday 9/9. They do not have it to give and after many tears and apologies, swallowed pride etc., they are moving here with us. Not an opened ended arrangement by any means, with rules and stipulations. We were trying to make a plan when the landlord called and said they had to be out by Wednesday, my question is can you evict someone in 5 days? We want to make this transition quickly and efficiently, but I don't think we can do that in less than a week.

He told them for $300.00 they could have 2 weeks, if not, Wednesday was the deadline. I'm sick at my stomach. They are horrified and embarrassed, but like I told her, these things are happening to people who have no support system and no where to go, so all in all as bad as it may seems and as helpless and hopeless as they feel, they have a home to go to, so many others don't.

This is going to be whatever we make of it, good or bad. I'm trying to look at it as an opportunity to spend time with my grandbabies and help my daughters family get out of a situation that they couldn't have avoided.

Please I don't need any negativity here, just advice on the eviction process and time line. Thank you for your help!

#2 sadie612

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Posted 04 September 2009 - 07:03 PM

QUOTE (momof 3 @ Sep 4 2009, 07:58 PM) <{POST_SNAPBACK}>
For the past several months my daughter and her husband have had set back after set back financially and it has finally come to a head. They are not behind on their rent, it is paid through 8/31, but it is due today and their landlord said that if they didn't pay it, they had to be out of the house by Wednesday 9/9. They do not have it to give and after many tears and apologies, swallowed pride etc., they are moving here with us. Not an opened ended arrangement by any means, with rules and stipulations. We were trying to make a plan when the landlord called and said they had to be out by Wednesday, my question is can you evict someone in 5 days? We want to make this transition quickly and efficiently, but I don't think we can do that in less than a week.

He told them for $300.00 they could have 2 weeks, if not, Wednesday was the deadline. I'm sick at my stomach. They are horrified and embarrassed, but like I told her, these things are happening to people who have no support system and no where to go, so all in all as bad as it may seems and as helpless and hopeless as they feel, they have a home to go to, so many others don't.

This is going to be whatever we make of it, good or bad. I'm trying to look at it as an opportunity to spend time with my grandbabies and help my daughters family get out of a situation that they couldn't have avoided.

Please I don't need any negativity here, just advice on the eviction process and time line. Thank you for your help!

My grandfather has rentals and he usually has to file and eviction notice legally then once served they have 24 hours to get out...


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#3 LGM

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Posted 04 September 2009 - 07:03 PM

First thing you need to do is check the lease. If it's in the lease, and they signed it, then yes he can.

On a positive note, I graduated with your oldest and know your younger daughter by association with the older one. If you need help packing or moving, please let me know. wub.gif

ETA: Also, if you need boxes, I can get those too.


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#4 momof 3

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Posted 04 September 2009 - 07:04 PM

QUOTE (sadie612 @ Sep 4 2009, 08:03 PM) <{POST_SNAPBACK}>
My grandfather has rentals and he usually has to file and eviction notice legally then once served they have 24 hours to get out...

So you get an eviction notice in a day at the court house?

#5 Happy Wife And Mom

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Posted 04 September 2009 - 07:07 PM

An eviction has to be filed in the County the property is in. Someone must then serve them an eviction notice. After they are served, they will have 7 days to answer the court and have a date scheduled in front of a Judge. That can take from 5 days to 5 weeks. After you go to court, you will (if you lose) be given 7 days to move your property. The landlord can be sued if he tries to go around that.

#6 Just thinkin' hard

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Posted 04 September 2009 - 07:08 PM

PM Ginger Whiteis Photography - she has rental property and can give you the ins and outs. I don't think that the system works that fast. I'm fairly certain that she told me that there is a multi-week backlog at the courthouse right now to get the evictions served.

Please tell her that there should be no embarassment in this. And, the landlord is a fool for doing this. Karma has a way of kicking people in the a$$ sometimes.
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#7 sadie612

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Posted 04 September 2009 - 07:08 PM

QUOTE (momof 3 @ Sep 4 2009, 08:04 PM) <{POST_SNAPBACK}>
So you get an eviction notice in a day at the court house?

heck no... it takes a few days

But that is what he does... I by no means no the law.

I will call him and ask... yeppers he is 84 and still a landlord...
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#8 momof 3

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Posted 04 September 2009 - 07:12 PM

QUOTE (LGM @ Sep 4 2009, 08:03 PM) <{POST_SNAPBACK}>
First thing you need to do is check the lease. If it's in the lease, and they signed it, then yes he can.

On a positive note, I graduated with your oldest and know your younger daughter by association with the older one. If you need help packing or moving, please let me know. wub.gif

ETA: Also, if you need boxes, I can get those too.

Thank you so much and I do need boxes. I'll PM you!

QUOTE (sadie612 @ Sep 4 2009, 08:08 PM) <{POST_SNAPBACK}>
heck no... it takes a few days

But that is what he does... I by no means no the law.

I will call him and ask... yeppers he is 84 and still a landlord...

This has just caught us off guard. I'm not faulting him for wanting the rent by any means, but to a late by not even a week and threaten to toss them out, it's just scary and nerve racking. It will all be OK though...RIGHT?!?!? huh.gif

#9 sadie612

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Posted 04 September 2009 - 07:14 PM

My poo paw is already in bed I guess..he didn't answer...I did find this

http://www.nolo.com/...icle-29824.html




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#10 momof 3

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Posted 04 September 2009 - 07:16 PM

QUOTE (Happy Wife And Mom @ Sep 4 2009, 08:07 PM) <{POST_SNAPBACK}>
An eviction has to be filed in the County the property is in. Someone must then serve them an eviction notice. After they are served, they will have 7 days to answer the court and have a date scheduled in front of a Judge. That can take from 5 days to 5 weeks. After you go to court, you will (if you lose) be given 7 days to move your property. The landlord can be sued if he tries to go around that.

Thanks for that info. I think he is trying to scare them and since we know no better, we're all in kind of a panic. As I said, I don't fault him for wanting his money and neither do they, it just didn't seem like enough time to get out.

By the way, they have lived there for over 6 years and have never had a problem, so it's not like this is an ongoing thing.

#11 ljk

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Posted 04 September 2009 - 07:17 PM

https://www.ncourt.c...n...ulding&id=8

Check # 12 as well as some of the other #'s


Your daughter has time to move. I am not aware of how long Paulding takes but I do know it takes some time. Of course your daughter wont have a legit excuse and the LL will get his eviction. But it still takes time.

I suggest having her talk to the LL, letting him know you know your rights, and that she will be gone by XX time. If he attempts to disconnect electric, water etc, you will report him.

#12 momof 3

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Posted 04 September 2009 - 07:20 PM

QUOTE (sadie612 @ Sep 4 2009, 08:14 PM) <{POST_SNAPBACK}>
My poo paw is already in bed I guess..he didn't answer...I did find this

http://www.nolo.com/...icle-29824.html

Thank you for that. I think she is afraid that she will be at home while SIL is at work next week and the landlord will show up with a crew and toss them out.

#13 Mikey

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Posted 04 September 2009 - 07:21 PM

Georgia-specific info here ... LegalAid-Ga
"The only people for me are the mad ones, the ones who are mad to live, mad to talk, mad to be saved, desirous of everything at the same time, the ones who never yawn or say a commonplace thing, but burn, burn, burn, like fabulous yellow roman candles exploding like spiders across the stars and in the middle you see the blue centerlight pop and everybody goes "Awww!" -- Jack Kerouac

If you can look into the seeds of time, and say which grain will grow and which will not, speak then to me. MacBeth, I:3

#14 BabeCake

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Posted 04 September 2009 - 07:21 PM

It really is the best thing for them to go ahead and vacate the house. An eviction on their history will make it harder for them to rent even when they can afford it. IMO they need to try to avoid having the eviction filed against them.

#15 Happy Wife And Mom

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Posted 04 September 2009 - 07:22 PM

QUOTE (momof 3 @ Sep 4 2009, 08:16 PM) <{POST_SNAPBACK}>
Thanks for that info. I think he is trying to scare them and since we know no better, we're all in kind of a panic. .
He is probably counting on that, but legally he can't force them out like that. I can't remember if GA is a State that requires the landlord to give a 3 day or quit notice before filing.


#16 Mikey

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Posted 04 September 2009 - 07:25 PM

QUOTE (BabeCake @ Sep 4 2009, 08:21 PM) <{POST_SNAPBACK}>
It really is the best thing for them to go ahead and vacate the house. An eviction on their history will make it harder for them to rent even when they can afford it. IMO they need to try to avoid having the eviction filed against them.


No. Just no.
"The only people for me are the mad ones, the ones who are mad to live, mad to talk, mad to be saved, desirous of everything at the same time, the ones who never yawn or say a commonplace thing, but burn, burn, burn, like fabulous yellow roman candles exploding like spiders across the stars and in the middle you see the blue centerlight pop and everybody goes "Awww!" -- Jack Kerouac

If you can look into the seeds of time, and say which grain will grow and which will not, speak then to me. MacBeth, I:3

#17 momof 3

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Posted 04 September 2009 - 07:28 PM

Thank you all for this info. My head is spinning!

QUOTE (BabeCake @ Sep 4 2009, 08:21 PM) <{POST_SNAPBACK}>
It really is the best thing for them to go ahead and vacate the house. An eviction on their history will make it harder for them to rent even when they can afford it. IMO they need to try to avoid having the eviction filed against them.

That does make sense.

Thankfully, we have never dealt with this kind of thing before, but like I told her...no one is sick, no one has cancer, everybody still has a job at this point and anybody can do anything for a few months.

#18 msflyfisher

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Posted 04 September 2009 - 09:04 PM

First of all - my daughter, son-in-law and grandson live with us - simply because due to several financial setbacks, they were forced to give up the rental home they were living in. It is nothing to be ashamed of and we are all making the best of it. We get along great, we share the responsibilities, finances, etc. and one day they will be able to get out on their own. But for now, my hubby and I are just happy that we can help them - and as you said, they have a support system and somewhere to go when so many people out there do not.

Secondly, I do not know about the eviction laws, but many years ago I had an issue with a landlord and I made an appt with my divorce attorney of all people, but her advice to me was to get my things out as quickly as possible because she said he would most likely change the locks and/or overlock the doors and then I would not be able to get my things until the situation was resolved. I took a day off work, found a new place to rent and was for the most part completely moved out with the exception of a couple pieces of furniture and then I had to sweep/vacuum the floors. I passed my landlord on my way to the house and he told me that he went over to change the locks but since I was basically moved out if I would get the remaining pieces out right away he wouldn't change the locks. I was out within hours. I didn't get my deposit back but I did get all my things and my children's things out. So, that might be something to think about.... There are some great people on pcom - I'm sure you could get some help (trucks, boxes, muscles) to get your daughter moved.

We don't have a truck and my hubby has a bad back or I would volunteer him to help you... LOL

Good luck!


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#19 momof 3

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Posted 04 September 2009 - 09:14 PM

QUOTE (msflyfisher @ Sep 4 2009, 10:04 PM) <{POST_SNAPBACK}>
First of all - my daughter, son-in-law and grandson live with us - simply because due to several financial setbacks, they were forced to give up the rental home they were living in. It is nothing to be ashamed of and we are all making the best of it. We get along great, we share the responsibilities, finances, etc. and one day they will be able to get out on their own. But for now, my hubby and I are just happy that we can help them - and as you said, they have a support system and somewhere to go when so many people out there do not.

Secondly, I do not know about the eviction laws, but many years ago I had an issue with a landlord and I made an appt with my divorce attorney of all people, but her advice to me was to get my things out as quickly as possible because she said he would most likely change the locks and/or overlock the doors and then I would not be able to get my things until the situation was resolved. I took a day off work, found a new place to rent and was for the most part completely moved out with the exception of a couple pieces of furniture and then I had to sweep/vacuum the floors. I passed my landlord on my way to the house and he told me that he went over to change the locks but since I was basically moved out if I would get the remaining pieces out right away he wouldn't change the locks. I was out within hours. I didn't get my deposit back but I did get all my things and my children's things out. So, that might be something to think about.... There are some great people on pcom - I'm sure you could get some help (trucks, boxes, muscles) to get your daughter moved.

We don't have a truck and my hubby has a bad back or I would volunteer him to help you... LOL

Good luck!

Thank you for that. A kind word and offer of help at a time like this goes a long way!! smile.gif

#20 Ginger Whiteis

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Posted 04 September 2009 - 09:22 PM

Happy Wife and Mom has it right. Last I checked on eviction they were backed up and said it would take 7 days for the Sheriffs Office to serve papers and then 7 days for you to respond. That gives you 14 days estimate. However, as BabeCake said it will go on their history. Before I rent to someone I check for dispossessories in Paulding and surrounding counties. If they have one, especially if not disclosed ahead of time, it counts against them when considering them as a tenant.

#21 PUBBY

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Posted 04 September 2009 - 09:33 PM

I went to the link suggested by Mikey:

The first question more or less settles this ...

QUOTE
Eviction (Answers to Common Questions)
by: Georgia Legal Services ProgramŽ LSC LOGO
Q. How Can a Landlord Remove a Tenant?
A. If a Landlord wants their tenant to move out of the rental property and the tenant is not willing to move, the landlord must go to court and seek an order permitting him to remove the tenant. Self help evictions, including changing the locks or threatening the tenant, are illegal under Georgia law.
The tenant can take legal action against the landlord for damages suffered due due to a wrongful self-help eviction. It is best that such action be pursued with the assistance of a legal representative. If the tenant can not obtain an attorney, the claim can be filed in the magistrate court of the county where the landlord is located.

Before a landlord contacts the court to file a legal action to have a tenant removed, the landlord should read the lease and be familiar with its provisions and comply with its terms regarding notice and termination. Once the terms of the lease have been followed, Georgia law requires the landlord to demand or request that the tenant immediately give up possession and vacate. This demand is best made in writing. If the tenant refuses or fails to give up possession, the landlord or the landlord's agent or attorney must go to the magistrate court and file a dispossessory affidavit under oath.


I would inform the landlord that you will be out on a date specific that is convenient to you. That he has threatened you more or less buys you that time. Don't be bullied. BTW: I gather we are talking about a week to ten days to be out. My gut is that the landlord will grant you the time as starting legal action will cost him at least $90.00 in filing fees and if it is a matter of a few days, if he has any sense at all, he'll take you at your word, give you a few days and save the C-note.

There is more at the link that Mikey gave you: Read it

Pubby

PS: I'm not particularly fond of bullies but I also know that confrontations like this also make good entertaining video. However, you would have to invite me to your next meeting and give me permission to video the event as it is taking place on property that you have the rights established by law.

#22 SPORTS SOURCE

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Posted 04 September 2009 - 09:48 PM

QUOTE (Happy Wife And Mom @ Sep 4 2009, 08:07 PM) <{POST_SNAPBACK}>
An eviction has to be filed in the County the property is in. Someone must then serve them an eviction notice. After they are served, they will have 7 days to answer the court and have a date scheduled in front of a Judge. That can take from 5 days to 5 weeks. After you go to court, you will (if you lose) be given 7 days to move your property. The landlord can be sued if he tries to go around that.

This is what I thought, too. I am not sure about GA but several years ago I had friends with a rental house in AL. The couple did not pay the rent but when my friends would try to get them evicted, they would go to court and file "hardship status." As a result the Judge was not allowed to sign eviction papers. This went on for almost THREE YEARS and all that time my friends had to pay the mortgage on the rental house as well as the one they were living in. I am not suggesting your DD do this, I am just saying it is not always as easy as one might think to evict someone from your own property.

Sounds like the landlord is a bully and hoping your DD/SIL will not know what their rights are and panic - as most people would!!!

I am sorry your DD and SIL are having a difficult time but as others have said, it is not something to be ashamed of. Another sign of the difficult economic times. I am glad they have a supporting family to help them out - and as you and others have said, so many do not. Sounds like this could turn out to be something positive and all of you could benefit from it in the long run.

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#23 TNlamb

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Posted 04 September 2009 - 10:18 PM

As a landlord, someone would have to be a lot further behind on the rent than that for me to threaten eviction, but maybe the ll has plans for the house, has another renter anxious to move in, who knows.
If they try to throw them out or change the locks without due process, call the police. The cops will tell them they can't do that and that they have to follow the law, as stated above.

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Posted 04 September 2009 - 10:38 PM

QUOTE (Happy Wife And Mom @ Sep 4 2009, 08:07 PM) <{POST_SNAPBACK}>
An eviction has to be filed in the County the property is in. Someone must then serve them an eviction notice. After they are served, they will have 7 days to answer the court and have a date scheduled in front of a Judge. That can take from 5 days to 5 weeks. After you go to court, you will (if you lose) be given 7 days to move your property. The landlord can be sued if he tries to go around that.

That is right except for one thing, there is no if you lose, if you go to court, you will lose. It's not the tenants property, but the landlord just can't up and evict them.

#25 ivylove

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Posted 04 September 2009 - 10:51 PM

QUOTE (TNlamb @ Sep 4 2009, 11:18 PM) <{POST_SNAPBACK}>
As a landlord, someone would have to be a lot further behind on the rent than that for me to threaten eviction, but maybe the ll has plans for the house, has another renter anxious to move in, who knows.
If they try to throw them out or change the locks without due process, call the police. The cops will tell them they can't do that and that they have to follow the law, as stated above.


I was thinking the same thing, especially if they have been good renters for 6 years! It sounds like they are only a few days late, and you would think that the landlord would give them a little more time and just charge a late fee or something? huh.gif
He must be wanting to sell the house or something, but after 6 years, you would think he would work with them a little bit, even if this were the case?

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#26 SushiBoofay

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Posted 04 September 2009 - 10:57 PM

Have them check the lease - depending on what it says should give them an idea of how long they really have.

If they don't find anything in the lease - he has to file a paperwork to formally evict them. If they don't contest - they have seven days after they are served. If he asks for money and they answer the complaint - then usually they have 30.

How you file varies county to county, but in order for it to be legal - he does have to file (unless the lease says something that a judge would think overrides that)


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#27 Johnboy tr

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Posted 04 September 2009 - 10:58 PM

i recieve a deposit to cover a month's rent in case of mishaps like this, or damages to my property, i give a 5 day grace period on when rent is due and then i apply a late fee. if a tenant calls me to let me know what's up i'll work with them but if no communication i'll evict, and yes the landlord has to go thru the courts to do an eviction or he's breaking the law

#28 GAPEACH

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Posted 05 September 2009 - 05:33 AM

QUOTE (momof 3 @ Sep 4 2009, 07:58 PM) <{POST_SNAPBACK}>
For the past several months my daughter and her husband have had set back after set back financially and it has finally come to a head. They are not behind on their rent, it is paid through 8/31, but it is due today and their landlord said that if they didn't pay it, they had to be out of the house by Wednesday 9/9. They do not have it to give and after many tears and apologies, swallowed pride etc., they are moving here with us. Not an opened ended arrangement by any means, with rules and stipulations. We were trying to make a plan when the landlord called and said they had to be out by Wednesday, my question is can you evict someone in 5 days? We want to make this transition quickly and efficiently, but I don't think we can do that in less than a week.

He told them for $300.00 they could have 2 weeks, if not, Wednesday was the deadline. I'm sick at my stomach. They are horrified and embarrassed, but like I told her, these things are happening to people who have no support system and no where to go, so all in all as bad as it may seems and as helpless and hopeless as they feel, they have a home to go to, so many others don't.

This is going to be whatever we make of it, good or bad. I'm trying to look at it as an opportunity to spend time with my grandbabies and help my daughters family get out of a situation that they couldn't have avoided.

Please I don't need any negativity here, just advice on the eviction process and time line. Thank you for your help!

As a former Deputy Sheriff, serving evictions was one of my duties. The landlord has to go to court and have them dispossessed (evicted). That takes 30 days from the date the judge rules on the eviction. The landlord cannot kick them out before that. And...the Sheriff's Office has to serve the tenant before they can be evicted. Hope this helps.

#29 sadie612

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Posted 05 September 2009 - 06:17 AM

Lucky me...my poo paw called me back not so bright but ever so early...... ha

He said that he can not remove them on their own that he has to file legal papers and get the SO to serve them. If not then the landlord could get in trouble if he forces them out on his own. The process doesn't happen over night or even over a week so they got time. But I agree with what another poster said... I would go ahead and move out. It would look better and better on your credit score. But also if the just up and leave they might be legally obligated to paying him some money and losing security deposit.

Read the lease with a fine tooth comb ...Then maybe try talking to the landlord and telling him what is going on...compication is the key and sometimes appreciated.


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#30 ljk

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Posted 05 September 2009 - 08:40 AM

My bad, I wasnt thinking biggrin.gif

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#31 momof 3

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Posted 05 September 2009 - 10:58 AM

QUOTE (PUBBY @ Sep 4 2009, 10:33 PM) <{POST_SNAPBACK}>
I went to the link suggested by Mikey:

The first question more or less settles this ...



I would inform the landlord that you will be out on a date specific that is convenient to you. That he has threatened you more or less buys you that time. Don't be bullied. BTW: I gather we are talking about a week to ten days to be out. My gut is that the landlord will grant you the time as starting legal action will cost him at least $90.00 in filing fees and if it is a matter of a few days, if he has any sense at all, he'll take you at your word, give you a few days and save the C-note.

There is more at the link that Mikey gave you: Read it
This man has been great the whole time they have been renters, almost 6 years. I hope he will take the time to realize that by the time he spends his money to have them evicted and by the time it actually happens, they will already be gone. It would save so much grief that way.

Pubby

PS: I'm not particularly fond of bullies but I also know that confrontations like this also make good entertaining video. However, you would have to invite me to your next meeting and give me permission to video the event as it is taking place on property that you have the rights established by law.



#32 momof 3

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Posted 05 September 2009 - 11:05 AM

QUOTE (ivylove @ Sep 4 2009, 11:51 PM) <{POST_SNAPBACK}>
I was thinking the same thing, especially if they have been good renters for 6 years! It sounds like they are only a few days late, and you would think that the landlord would give them a little more time and just charge a late fee or something? huh.gif
He must be wanting to sell the house or something, but after 6 years, you would think he would work with them a little bit, even if this were the case?

Thats what we were thinking too and they are in fact paid up until 8/31. But this man is ill, his wife died no too long ago and he is probably in dire straights too. We're trying to be positive, but they also don't want to be kicked out for being 5 days late on the rent.

QUOTE (GAPEACH @ Sep 5 2009, 06:33 AM) <{POST_SNAPBACK}>
As a former Deputy Sheriff, serving evictions was one of my duties. The landlord has to go to court and have them dispossessed (evicted). That takes 30 days from the date the judge rules on the eviction. The landlord cannot kick them out before that. And...the Sheriff's Office has to serve the tenant before they can be evicted. Hope this helps.

It does, thank you.

Thank you EVERYONE for your advice, kind words and offers of help. Don't be surprised if I call!!! smile.gif




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