Dispossessory Jury Trial

[izzyfishbane]

Jurisdiction

Georgia

Similar to getting a traffic ticket in a municipal court, which does not have jury trials, can the defendant in a magistrate court dispossessory action get the case transferred to state court by asking for a jury trial?

 

[adjusterjack]

I don't see anything in the GA eviction statute that allows for it. The statute requires evictions to be expedited so you'd probably be denied if you asked for it.

Besides, the delay would require you to pay your rent to the court if a decision isn't made within two weeks. Are you prepared to do that?

Read the statute:

2017 Georgia Code :: Title 44 - Property :: Chapter 7 - Landlord and Tenant :: Article 3 - Dispossessory Proceedings

 

[izzyfishbane]

Similar to getting a traffic ticket in a municipal court, which does not have jury trials, can the defendant in a magistrate court dispossessory action get the case transferred to state court by asking for a jury trial?

Thx.
Otherwise, I see that even appealing the decision, you have to pay the rent into the court to stay in the house during the appeal.
Problem with that is there was a lease on the property, which I understand they are required to go by, but instead not only did they have a real estate person submit a market analysis rental amount at the hearing, they even used the wrong house - they used a different address on my street and the house was larger with more bedrooms, etc., so even that drove the market analysis rent up improperly, which was already much more than the lease amount.
Point being, while it makes sense, I suppose, to have to pay the rent into the court while appealing, what if you need to appeal the amount of rent and method used to determine it? Doesn't seem fair to have to pay the wrong amount into the court, so can that be appealed before having to pay in?

 

[adjusterjack]

If the court says put in X dollars, you put in X dollars. The amount can be adjusted and the overpayment returned to you.

I don't understand what a market analysis has to do with anything. If your lease says X dollars rent, you pay X dollars rent. If you don't pay you get evicted.

If I am missing something, how about going back to the beginning and explain how it all got started.

 

[izzyfishbane]

If the court says put in X dollars, you put in X dollars. The amount can be adjusted and the overpayment returned to you.

I don't understand what a market analysis has to do with anything. If your lease says X dollars rent, you pay X dollars rent. If you don't pay you get evicted.

If I am missing something, how about going back to the beginning and explain how it all got started.

I'm sorry; it is a foreclosure/tenant at sufferance situation, and I've been told that the law says that when the new owner does the dispossessory, they can only use market analysis to determine the rent amount, if there was no existing lease on the property when foreclosed on, but if there is a lease, as with me and the previous owner, they have to go by that in determining how much to pay into the court.
That's what I'm told the law says the court is supposed to do, but they did not, so it seems there should be an avenue to appeal that prior to having to pay into the court, instead of them being able to make me pay a whole lot more into the court than the law says.

 

[adjusterjack]

I've been told

Is the most dangerous phrase in the English language.

The law you are referring to is the Protecting Tenants At Foreclosure Act. Enacted in 2009 it expired in 2014 and I believe it was extended once for 2015.

In 2018, as part of his deregulation package, President Trump extended the PTFA permanently.

SEC. 304. RESTORATION OF THE PROTECTING TENANTS AT FORECLOSURE
ACT OF 2009.
(a) REPEAL OF SUNSET PROVISION.—Section 704 of the Protecting Tenants at Foreclosure Act of 2009 (12 U.S.C. 5201 note; 12 U.S.C. 5220 note; 42 U.S.C. 1437f note) is repealed.
(b) RESTORATION.—Sections 701 through 703 of the Protecting
Tenants at Foreclosure Act of 2009, the provisions of law amended
by such sections, and any regulations promulgated pursuant to
such sections, as were in effect on December 30, 2014, are restored and revived.
(c) EFFECTIVE DATE.—Subsections (a) and (b) shall take effect
on the date that is 30 days after the date of enactment of this Act.

The PTFA has otherwise remained unchanged and can be read in its entirety at:

http://www.nhlp.org/files/Public Law 111-22 title VII as amended1 final.pdf

I'm still not clear on what fair rental value has to do with your situation so let's have you answer a couple of questions.

1 - Did you have a written lease?
If yes, go to question 2. If no, skip question 2 and go to question 3.
2 - What where the actual start and end dates of the lease?
3 - How much was your monthly rent.
4 - What was the exact date of the trustee sale? That's when the bank got it back or somebody bought it.
5 - If somebody bought it, do they intend to occupy it as their residence?
6 - Were you given written notice that your tenancy was being terminated. If yes, upload a copy, redacting any identifying information.

Be specific with your answers. I may have more questions.