Hello, all,
We own a duplex in Cobb County, GA. One of our tenants gave us his written notice, as required in the lease, that he will be moving out on November 1st, which we accepted.
Then he never paid his September rent and said he can't pay it. He said he knows he will be evicted. Since then, we have been following due process. We posted a "Pay Rent or Quit" notice, which he ignored. Then we filed for dispossessory with the Cobb County Magistrate's office. Then the sheriff's office served the dispossessory summons today. He has 7 days to respond.
I believe he may be thinking that when he finally moves out, either on his own or by force, he'll never have to worry about paying what he owes me. He would be off the hook, and we would lose around $1500 in unpaid rent. However, I know who his employer is (a medical facility).
Here's my question. If he either abandons the property (which legally gives me possession according to the lease) or is evicted by the court (either by failing to respond to the summons or failing to show up in court), he will no longer be living at the property. In that case, will the court help me retrieve the unpaid rent? Or will I have to file a separate case in small claims court for the unpaid rent?
Secondly, if he trashes the place when he leaves, as some tenants do, can I press charges with the police and file for damages? And if so, do I do that through small claims court or some other way?
Finally, will the court (dispossessory or small claims) help me file for garnishment, or would I have to do that as a second (or third) step?
Thank you in advance for your help.
We own a duplex in Cobb County, GA. One of our tenants gave us his written notice, as required in the lease, that he will be moving out on November 1st, which we accepted.
Then he never paid his September rent and said he can't pay it. He said he knows he will be evicted. Since then, we have been following due process. We posted a "Pay Rent or Quit" notice, which he ignored. Then we filed for dispossessory with the Cobb County Magistrate's office. Then the sheriff's office served the dispossessory summons today. He has 7 days to respond.
I believe he may be thinking that when he finally moves out, either on his own or by force, he'll never have to worry about paying what he owes me. He would be off the hook, and we would lose around $1500 in unpaid rent. However, I know who his employer is (a medical facility).
Here's my question. If he either abandons the property (which legally gives me possession according to the lease) or is evicted by the court (either by failing to respond to the summons or failing to show up in court), he will no longer be living at the property. In that case, will the court help me retrieve the unpaid rent? Or will I have to file a separate case in small claims court for the unpaid rent?
Secondly, if he trashes the place when he leaves, as some tenants do, can I press charges with the police and file for damages? And if so, do I do that through small claims court or some other way?
Finally, will the court (dispossessory or small claims) help me file for garnishment, or would I have to do that as a second (or third) step?
Thank you in advance for your help.
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