| WHY YOU MUST FILE AN EVICTION | | | | violated the lease terms (the grounds for |
| PROCEEDING IN COURT | | | | eviction), for then there would be no such thing |
| I often hear from landlords who want to | | | | as a cause of action for unlawful eviction." Kerlin v. |
| "immediately" remove a tenant from their | | | | Lane Co., 165 Ga.App. 622 (1983). |
| property for non-payment of rent. Often the | | | | The courts have even held that a landlord that |
| landlord has been exceedingly patient, having | | | | authorizes or acts in a way which intimidates the |
| received no rent for weeks, even months. | | | | tenants into "voluntarily" leaving, even though the |
| Sometimes the landlord was patient because the | | | | landlord did nothing to physically interfere with the |
| tenant lost a job, or a family member passed | | | | tenant's possession, are subject to paying |
| away. Other times the landlord was patient | | | | damages to the tenant. (See Sinclair Refining Co. |
| because the tenant had medical bills that were | | | | v. Stovall, 41 Ga.App. 214 (1930).) |
| unforeseen. In every case, the landlord feels hurt, | | | | WHY YOU MUST MOVE FORWARD WITH |
| angry, and taken advantage of. The only reward | | | | EVICTION, EVEN IF THE TENANT LEAVES |
| the landlord receives for their kindness is having | | | | Many landlords ask me if it is okay to stop the |
| to pay the mortgage on the rental property | | | | proceeding once the tenant has "abandoned" the |
| without receiving any rent! | | | | property. There are several reasons why I advise |
| While I can sympathize with the anger and | | | | landlords to move forward. First, unless you move |
| frustration in this situation (I own rental property | | | | forward you will not be able to obtain a money |
| too) I must warn you, if you don't follow the law | | | | judgment against the tenant. Second, and perhaps |
| regarding evictions, not only will you not collect | | | | more importantly (especially if you believe it will |
| your past due rent, but you might also be writing | | | | be impossible to collect a money judgment against |
| a check to the tenant and/or a good lawyer to | | | | the tenant), there is a possibility that the tenant |
| get you out of trouble! The following are only a | | | | could come back and claim you unlawfully evicted |
| few examples of unlawful evictions according to | | | | them! |
| the Courts in Georgia. 1) Removing the tenant's | | | | Suppose you file the paperwork with the Court. |
| personal property and placing it upon the street, | | | | The sheriff goes out to the property and serves |
| unless this is done under the supervision of the | | | | the tenants with the proper paperwork. The |
| sheriff, acting under a court ordered writ. 2) | | | | tenants do not respond to the court paperwork |
| Changing the locks to prevent the tenant from | | | | but instead, apparently move out of the property. |
| having access to the premises. | | | | Assuming that they did not return the keys, and, |
| While the two examples above may be very | | | | they do not remove all of their personal property |
| obvious, there are other things a landlord can do | | | | from the premises, you CANNOT re-enter the |
| which, if done, would violate the law. One landlord | | | | premises, even if they only leave behind a few |
| asked me if it was alright to enter upon the | | | | old clothes and an (apparently) broken television. |
| premises to remove all the appliances in the | | | | If you were to remove these items from the |
| house. Another landlord asked me if it was okay | | | | premises without a writ (court order), and without |
| to remove the front door from the house. Yet | | | | properly executing that writ under the supervision |
| another landlord asked me if it was okay to have | | | | of the sheriff's department... you've just |
| the utilities disconnected because the tenant had | | | | accomplished an unlawful eviction! Of course I |
| failed to pay for the utilities that were in the | | | | understand that, 9 times out of 10, the tenant |
| landlord's name. My advice is NO, NO, and NO! If | | | | may not ever come back, but if they do you'll be |
| you try any of these actions you could very well | | | | very sorry. |
| end up, not only having to keep the tenant | | | | Another reason to move forward, assuming the |
| instead of evicting them, but also paying punitive | | | | tenant was either served personally, or that the |
| damages for your intentional interference with the | | | | tenant responded to the papers by filing a |
| tenants right of possession outside of the court | | | | response with the court, is so that you can obtain |
| process. (See especially Albert Properties, Inc. v. | | | | a money judgment. The courts will very likely |
| Watkins, 143 Ga.App. 184 (1977). | | | | award you all of the back due rent you claim, plus |
| Landlords who have violated the rules have | | | | court costs in every case. Courts are a little more |
| attempted to "explain away" their actions by | | | | selective about awarding late fees and/or |
| stating that the tenant "violated the rules first" by | | | | attorney's fees. Most courts will allow late fees if |
| not paying rent, or some other breach of the | | | | they are simple to understand (i.e. $100 after the |
| lease. While it may make you feel good, blaming | | | | 5th of the month), AND they are reasonable (i.e. |
| the tenant for causing your unlawful actions will | | | | less than or equal to 10% of the monthly rent). |
| not work. | | | | Courts will generally also award attorney's fees if |
| "It is fundamental that the landlord cannot evict as | | | | the lease is properly written, and you hired an |
| and how it pleases and in the process damage or | | | | attorney. Feel free to call my office if you have |
| lose the tenant's personal property and then | | | | any questions. We'll be happy to discuss your |
| obviate its negligence by proving the tenant had | | | | specific situation without obligation, free of charge. |
