Tenant/roommate laws

[avaughn1218]

Jurisdiction

Georgia

The owner of the house which I am living in, is evicting me and the other tenant.. We have not received written notice that we are to vacate the premises, but he served an eviction notice with both of our names on it and an invalid amount due stated.. Is this legal??

 

[adjusterjack]

You're going to have to clarify a few things.

Notice of termination and eviction are two different things.

Notice of termination for non-payment of rent is also different.

What, exactly, did the "eviction notice" say?

Quote it word for word.

And say whether it was written by the landlord or was it court papers?

You can tell by the bold type that those questions are important so answer them all.

 

[mightymoose]

Yes, confusing.
You say you weren't served written notice to vacate and then immediately say you received an eviction notice.
What you are calling an eviction notice is most likely the landlord's written notice of intent to end your lease.

 

[zddoodah]

We have not received written notice that we are to vacate the premises, but he served an eviction notice

Umm....why do you think the "eviction notice" with which you admittedly were served is not a "written notice that [you] are to vacate the premises"?

Is this legal?

It certainly is legal to serve you with an eviction notice. Whether the "invalid amount due" impacts the validity of the notice depends on exactly why you think the amount is "invalid."

 

[adjusterjack]

Please don't open new threads every time you have a new question on this topic. It discourages responses and results in annoying parallel discussions. I've deleted your other post and moved your question and the response to this thread.

OP writes:

Affidavit for summons of dispossessory.
The above stated form was left on front door of the home where I am currently residing with the owner and another tenant.. Owner Terry, checked the box, a) fails to pay the rent which is past due. Demands past due rent of $790. He has received half the rent, but after his share of groceries, I will owe about $50.
I paid partial rent in June. I gave him $150 cash in envelope with a letter explaining that I did not get my Social Security check in june as they state they overpaid me in 2016, and that they have changed the way they calculate SS benefits, which is why they overpaid me, based on a new formula for calculating benefits. I also gave him a check several weeks ago for $50. My rent is $400 per month, (due the middle of the month), minus his share of the groceries. I buy the groceries, and do the cooking. My question is, can he put 2 names on the Affidavit. I have no idea how he created past due rent of $790. Other tenant says he is current with his rent.

Response from Gail:

Since there are (I'm assuming) two names on the lease, two names will be on the affidavit. Doesn't matter who did or didn't pay; both tenants are equally responsible for the full share of the rent.
Gail

Response from zddoodah:

Well...it sounds like he did exactly that, so it seems obvious that he can do it.

 

[avaughn1218]

Please don't open new threads every time you have a new question on this topic. It discourages responses and results in annoying parallel discussions. I've deleted your other post and moved your question and the response to this thread.

OP writes:

Affidavit for summons of dispossessory.
The above stated form was left on front door of the home where I am currently residing with the owner and another tenant.. Owner Terry, checked the box, a) fails to pay the rent which is past due. Demands past due rent of $790. He has received half the rent, but after his share of groceries, I will owe about $50.
I paid partial rent in June. I gave him $150 cash in envelope with a letter explaining that I did not get my Social Security check in june as they state they overpaid me in 2016, and that they have changed the way they calculate SS benefits, which is why they overpaid me, based on a new formula for calculating benefits. I also gave him a check several weeks ago for $50. My rent is $400 per month, (due the middle of the month), minus his share of the groceries. I buy the groceries, and do the cooking. My question is, can he put 2 names on the Affidavit. I have no idea how he created past due rent of $790. Other tenant says he is current with his rent.

Response from Gail:

Since there are (I'm assuming) two names on the lease, two names will be on the affidavit. Doesn't matter who did or didn't pay; both tenants are equally responsible for the full share of the rent.
Gail

Response from zddoodah:

Well...it sounds like he did exactly that, so it seems obvious that he can do it.

 

[avaughn1218]

Each tenant pays a different rent depending on the size of the room. Each tenant has different movein dates, etc..The tenants are not a group of people that rented a house. We are tenants renting a ROOM..in a 4 bedroom house that is owned by one of the guys in the house..

 

[avaughn1218]

Each tenant pays a different rent depending on the size of the room. Each tenant has different movein dates, etc..The tenants are not a group of people that rented a house. We are tenants renting a ROOM..in a 4 bedroom house that is owned by one of the guys in the house..

Sorry, I don't know how to do posting.. I know very little about these types of sites. I am 64 years old and have little understanding of all things computer and techy!! So sorry I pooped in your pond and caused you extra work....