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Writ of Possession

Discussion in 'Other Residential Landlord & Tenant Issues' started by walton74, Sep 26, 2008.

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  1. walton74

    walton74 Law Topic Starter New Member

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    I was promised by the property manager where I live Augusts rent free due to them not having gas lines tested and not having a gas meter in our apartment when we moved in to avoid being fined by the city. We did not get this issue resolved for almost the entire month of July. I have explained in detail in the attached writing. We ended up attending court to answer to the call of a possession warrant. We settled with the lawyer that we would get the month of August free and were told that we would need to pay for Sept. by the 19th and have our rent paid by the third for the next two months or a writ of dispossessory would be issued immediately. I emailed the property manager on the 22nd with a copy of a 30 day notice letter that we would be moving from their property. I received 3 letters in the mail today stating that the sheriff would be out to move our belongings from the apartment in a few days and that we were not in titled to a warning or notice letter and that they sent this letter as a courtesy. I want to know how long we have to move legally. I also would like to know if we have a case against the complex since they broke the lease by not providing for the gas meter and testing lines which is included in the lease, not fixing the issues that we reported at move in, not giving us mailbox keys for a month, our car was towed while we were in court with them and we had to pay for cab fare and for the release of the car, we have been charged by the gas company for the gas meter because the gas company said that they charged who was in possession of the property when they installed which should have been the apartment complex if they would have fulfilled their part, my wife had to miss work to attend court, and we had to get our daughter out of school early to attend court. I look forward to hearing from you soon. We are living in GA
     
  2. Gail_in_Georgia

    Gail_in_Georgia Moderator

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    The initial question is...did you pay Septembers rent by September 19th (or at all)?

    Non-payment of the this rent would seem to be the only reason that your landlord is progressing with the eviction.

    The fact that your car got towed while at court, your wife had to take off work to attend the hearing and you had to take your daughter out of school early that day plays no role in any of this.

    Gail
     
  3. walton74

    walton74 Law Topic Starter New Member

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    No I did not pay for September, I just decided it would be best if I move since the day after we appeared in court there was a very derogatory letter put on my door followed by allegations of loud late night noise and trash in the breezeway with the threat of eviction because of these issues. I realize that this issue has nothing to do with the car and work situations, I was asking if, since we were in court because of Augusts rent and they promised it free, we had a legitimate claim for that restitution. As far as the issue with September I want to know legally the amount of time we have to leave the property. Thank you for your reply.
     
  4. Gail_in_Georgia

    Gail_in_Georgia Moderator

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    In Georgia, after the official court order for eviction has been presented, the tenant has seven days to move.

    If they are still present after these seven days, there will be an actual eviction overseen by the Marshall (in my county), the Sheriff, etc.

    If you paid any security deposit, your landlord is likely to keep the amount equivalent for Septembers rent. If your security deposit is more than a months rent (unusual but possible) then make sure you notify your landlord of your new address so this extra amount can be forwarded to you.

    Gail
     
  5. walton74

    walton74 Law Topic Starter New Member

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    When we went to court it was agreed that we did not owe for August and that if we chose not to pay Sept. rent on the 19 or Oct. or Nov. rent by the 3rd of each of those months that a writ of possession would be issued. Being that we chose not to pay on the 19th does the 7 day rule still apply or are there different circumstances. Thank you again for your help.
     
  6. Gail_in_Georgia

    Gail_in_Georgia Moderator

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    Yes; the 7 day rule still applies. By your above actions, you agreed to this writ of possession.

    Gail
     

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