Landlord accepted partial payment after filing for eviction.

[Lasseter09]

My landlord always allows me to pay my rent in partial payments due to our pay schedule. He also always allows us to pay less during the summer due to high electric bills and we always catch it up without an issue over a period of a couple of months. After a conversation where he agreed to my payment schedule and I complied, his secretary filed eviction proceedings anyway. The last late notice I got was not a "pay or quit" notice, it was an FYI of my balance owed at the time. There was no date due and it actually said FYI on it. Since then I have paid 1300 when rent is 800 and the new balance on court documents reflects that I paid that much. The day that I got the court papers I also made another 100.00 payment before I received the court paperwork and he accepted it, because I didn't get it back. When I tried to talk to him he stated that he decided that he wasn't going to take anything less than the full amount. So...he filed improperly by not giving me a pay or quit notice, he accepted 100.00 after the case was filed, he has constantly allowed me to pay weekly and I honored my end of the deal by doing just what I said and he agreed to which from what I read indicates that he must give me 30 days notice if he decides to change that after all this time. Seems this case would be possibly be dismissed based on the way he handled things, right?? I also have a signed contract from him for repair work that didn't get done that is over two years old and is now causing some mold issues in my bathroom because there is no exhaust fan and the window doesn't open. as well as some faucets and lights that don't work. When I ask him about it he always makes comments about me paying rent late, so I have been bad about letting it go because he is nice enough to work with me and he makes me feel guilty. So I was going to wait and be more forceful when my rent is current again or I have the money to move should he still refuse. Can I use the ignored contract as a counterclaim to lower the amount I owe him? I thought he man was a man of his word and I just want to be sure that I understand the laws and rules, because it seems my landlord has done wrong based on m research. I just don't know that all the information I read on the web is the most current that is available. Thanks for any input/advice to help me with this situation.

 

[mightymoose]

If you make the right arguments you could likely get a dismissal, but the landlord could just start the process again from the beginning.
The writing is on the wall. Either get caught up and pay in full or find a new place to live before you are forced out.

 

[Gail_in_Georgia]

It's useful to remember that Georgia tends to be a landlord friendly state.

Your choices....it sounds as if you have received the notice that a dispossessory has been filed against you, correct? If so, you have 7 days to respond to the court disputing this. If you don't respond, the landlord can, on the 8th day, request the writ of possession and you will shortly be notified when the actual eviction will occur.

If you do respond, a court hearing will be set up where you can present your documentation regarding the payment schedule you have worked out with your landlord. Hopefully you have something in writing regarding this issue as judges tend to hate the "he said, she said" business. In addition, if you do owe rent by the time of the court hearing, bring the rent plus any late fees plus filing fees with you to court just in case the judge asks if you are willing to become current on your rent the day of the court hearing. In Georgia a tenant who owes rent can present this only once during a 12 month period in an effort to stave off the eviction.

The idea that you somehow owe less rent because your landlord hasn't repaired something is NOT something you should bring up at this hearing. It plays no role in any of this UNLESS you and your landlord have agreed to a lower rent because of this repair business. Tossing this out into the court hearing is only likely to muddy the water and, frankly, piss the judge off royally.

Gail