landlord evicting because of late payments

[mzkat89]

landlord says we are habitually late and its a breach of lease agreement.he sent certified letters stating that he will accept give back july rent and security deposit if we are out by august 5th..we got the letter on july 23rd. per our lease agreement it says if he wants to break lease early he must give written notice of 60days and 30 days compensation..he refuses to take august rent and has now sent a summons for dispossessory that states we have until aug 11th to respond. I live in the state of georgia..what can i do?

 

[Gail_in_Georgia]

The steps to the actual eviction process in Georgia..

Georgia law requires the landlord to demand that the tenant immediately give up possession of the property and vacate. This is what you received on July 23rd. If the tenant refuses or fails to do this, the next step is to file a dispossessory affidavit in either the magistrate, state or superior court where the rental unit is located. Once you receive this notice you have several options...

1. You can file an answer within a 7 day period.

2. If the tenant fails to respond by the end of the 7th day the court can grant the landlord a writ of possession and the sheriff or marshall can remove the tenant.

If the tenant answers the summons, a trial of the issues will be held. The tenant is allowed to remain in posession of the rental property until there is a court order to vacate. You then get to plead your case before a judge.

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 rent that the landlord alleges is due plus court costs. In Georgia this is known as the "tender defense" because the tenant tenders the rent to the landlord. However, if the landlord refuses to accept an offer of tender, the tenant should file an answer to the disspossessory affidavit stating that tender was offered but refused.

If the courts finds that a landlord refused 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 tenant makes payment within three days of the court order.

The problem that start this who mess is that once you failed to pay rent (or pay it within the time period stated in the lease) YOU broke the lease, not your landlord. This forced your landlord to begin the process of taking you to court for an eviction.

Gail