Georgia Injury Lawyer Blog

Georgia landlord tenant law is an area that is important to many of our clients. Whether you are a homeowner having to deal with a nightmare tenant who won't pay their bills, or whether you are a tenant having to deal with a nightmare landlord who won't keep your home in repair---it is important to understand your legal rights in either situation.

In today's article we will discuss the notice requirements a landlord must give a tenant prior to eviction:

In Georgia, unless required by the lease, a landlord is generally not required to provide notice prior to filing what is known as a "dispossessory proceeding" which is a fancy term for taking back possession of the property. It is important for both landlords and tenants to carefully check the lease agreement to see what in fact it does say about the notice requirement in order to make sure they comply with the contractual lease agreement to protect themselves from a breach of contract claim.

What is required prior to filing dispossessory proceedings? The landlord needs to "demand possession" of the premises before they can start a dispossessory proceeding. See: O.C.G.A. §44-7-50. This demand for possession does not need to contain any special magic words as long as the landlord clearly demands that he or she wants the tenant to move out and to return the property. Stephens v. Hous. Autho., 293 S.E.2d 53, 53 (Ga. Ct. App. 1982).

If a landlord is trying to get the tenant to leave because he or she has failed to pay the rent, the landlord needs to make sure that the demand for possession of the property is after the due date of the rent but before the beginning of the dispossessory proceeding. If the landlord is seeking to remove the tenant because they are still staying in the house after their lease term has finished (what is known as "holding over), the landlord must give the demand for possession on or after termination of the lease but again, prior to the start of the dispossessory proceedings.

The demand doesn't need to be in writing (it can be written or oral), but it is a good idea for a landlord to do so just in order to cover themselves in court. Same goes for tenants. Anytime a tenant or a landlord encounters any type of problem or dispute concerning rental properties, it is always a good idea to document everything in writing in order to protect yourself later on from the other side lying to the Judge about what really happened. In order to show proof that the other party has actually received your letter, sending the document "certified mail, return receipt" is also preferable.

If you are a landlord with a "problem tenant" or a tenant with a "problem landlord," don't go it alone. Consider getting legal advice prior to taking action to make sure you are in compliance with Georgia law and that your legal rights and interests are protected.

Williams Oinonen LLC often receives phone calls from Georgia citizens, innocent owners of vehicles, homes, and/or cash who have had their property taken by law enforcement agents because, supposedly, their property is related to a drug offense. The process of taking property in this manner is called forfeiture. And Georgia Code 16-13-49 primarily governs forfeitures related to alleged drug sales/transactions. What's important for you to know is that you can fight to regain your property. But you must act quickly, because forfeiture laws and rules are complicated, and very time sensitive.

For example, Georgia Code 16-13-49 requires you to respond within thirty (30) days of receiving notice that your property is subject to forfeiture. If you don't respond within thirty (30) days, then, "all right, title, and interest in the property is forfeited to the state and the district attorney shall dispose of the property as provided" by Georgia law.

Furthermore, your claim (response to notice of forfeiture) must be sent by certified mail, return receipt requested or staturory overnight delivery. And your claim must:

1. Be signed by the owner or interest holder of the property under penalty of perjury;

2. Be sent specifically to both the law enforcement agency that took your property and the relevant District Attorney; and

3. Contain specific details such as (a) the nature and extent of your interest in the property; (b) the specific provision of O.C.G.A. § 16-13-49 relied on in asserting that your property is not subject to forfeiture; and (c) all essential facts supporting each assertion, amongst other specific details required by law.

You must comply with the above-mentioned, and more, in order to have a mere "opportunity" at getting your property back. Then, if you do comply with the requirements of Georgia law to challenge what is called an administrative forfeiture proceeding, you still must challenge a potential judicial forfeiture proceeding. Simply put, the state agency will first attempt to take your property through an administrative proceeding, which is discussed above. If you meet those deadlines and other legal requirements, the state will most likely file a "judicial action" (complaint for forfeiture) in an attempt to take your property through a judicial forfeiture proceeding. You then must comply with more strict guidelines, rules, and laws!

If all that was not enough (and I've only touched on a few aspects of this complicated area of law) the state may turn your case over to the federal government in what is commonly referred to as adoptive forfeiture. The federal government will then file a judicial forfeiture action in an attempt to take your property.

You must have an attorney who understands both federal forfeiture law and Georgia forfeiture law in order to adequatley protect your rights.

Significantly, state and federal agencies attempting to take your property must comply with strict procedural timelines and laws, too, meaning you may be able to get your property back by demonstrating that the government failed to comply with mandated, legal requirements. And there are many defenses that may apply to your case such as an "innocent owner" defense or a due process defense. However, as I've stated, you need a good attorney who understands this area of the law.

Continue reading "Georgia Forfeiture Law: Are You An Innocent Owner? Did The Government Take Your Property? What Can You Do To Get Your House, Car, or Money Back From The Government" »