Dispossessory

[Mikkey]

What is the name of your state? Georgia
I filed a dispossessory on a tennant that owes me $660 of $925 rent for April. He rents a single family house from me. He offered to pay me another one hundred dollars today promicing to pay the rest in a couple of days - before he is served. If I accept the $100 partial payment, and then he does not give me the rest, will it void the dispossessory I filed?

 

[dequeendistress]

A tenant whose landlord has filed a dispossessory affidavit because of non-payment of rent may be able to avoid being evicted by
paying all that the landlord alleges is due plus court costs. This amount should be stated on the dispossessory summons served on
the tenant. The tenant must offer payment within seven (7) days of receiving the summons. The landlord is required to accept such
payment from the tenant only once in a twelve month period.

If a landlord refuses to accept an offer of tender, the tenant should file an answer to the dispossessory affidavit stating that tender
was offered, but refused. After July 1, 1998, if a court finds that a landlord refused a proper tender, the court can order the
landlord to accept payment of rent, late fees and court costs and require that the landlord allow the tenant to remain in possession,
if the payment is made withing three days of the court's order. If the court finds that the landlord refused a proper tender and
orders the landlord to accept payment, that payment will not count as use of the tender defense which can only be used once every twelve months...

 

[Mikkey]

What about a tennants offer to pay part of what is due now and the rest before the dispossessory procededing. If the landlord accepts partial payment with the understanding that the rest is still due, is the disposseessory voided?

 

[dequeendistress]

"by paying all that the landlord alleges is due plus court costs." . The tenant must offer payment within seven (7) days of receiving the summons. "

and you know what that seven day limit to pay may have been reduced to three days...

If they pay ALL charges then you dont need the dispossessory.

What if they promise to pay you and don't, you mean...well...

I would advise the tenant to pay me as the landlord in full and not accept partial payment...but maybe someone like Jetx or Home Guru or another well versed attorney/attorney like being will answer

 

[CA. LL]

>>>If the landlord accepts partial payment with the understanding that the rest is still due, is the disposseessory voided?<<<

It's state and locally specific.

I agree with the previous respondent. It IS most probably in your best interest NOT to accept partial payment at this time because you may have to begin the process all over again. I too would only accept the full balance due.

In addition, it would be best to seek out a consultation with a local attorney specializing in landlord-tenant matters if you really are seriously considering accepting the partial payment.

 

[Charleee]

If LL accepts partial payment of rent in a given month, LL cannot file a dispossessary action. If no rent has been paid and LL files a dispo, then the tenant has 10 days to either pay the full amount to LL or file a contest within ten days of being served. Tenant may tender the full amount to the court pending a hearing but it is not necessarily required by Magistrates in all Georgia counties. If LL accepts any payment (full or partial) once a dispo is filed, the dispo is considered invalid.

Upon the first time filing dispo, tenant has the right to tender full payment within ten days and LL is obligated to accept full payment and dismiss the dispo. However, if LL files a second dispo (I believe within a 12 month period), LL is not obligated to accept payment and may instead request a judgment and Writ of Possession against tenant.

You should visit your Magistrate Court clerk and ask for a copy of their procedures and guidelines...I've done so in three counties and found them to be extremely cooperative and helpful.

 

[HomeGuru]

Interesting.