E
entrustrealty
New Member
re are some possible defenses to an eviction. Each of these defenses is situation specific and may not necessarily apply to your circumstances.
DEFENSE #1
THE TENANT DOES NOT OWE ANY/ALL OF THE RENT THE LANDLORD CLAIMS.
DEFENSE #2
THE TENANT PAID RENT WITHIN SEVEN DAYS OF BEING SERVED WITH EVICTION PAPERS. If the landlord is trying to evict you only for nonpayment of some or all of the rent, you can stop the eviction by offering cash or a money order to the landlord for the rent due PLUS the court cost of the eviction action. BUT THIS DEFENSE WILL FAIL UNLESS this is the firsttime within 12 months that you have been served with eviction papers. Under Georgia Law, a tenant late for the first time within a 12 month period has 7 days from the time served to pay all costs. O.C.G.A. §44-7-52, 44-7-73.
Note: the tenant should always answer an eviction notice in court whether or not the landlord takes the money. Failure to do so is an invitation for trouble. Also, it's best to pay the landlord in certified funds such as a bank check or money order. Avoid cash. Keep copies of your bank check or money order so you have proof you tendered the money.
DEFENSE #3
THE LANDLORD DID NOT GIVE THE TENANT ENOUGH TIME TO MOVE OUT.
This defense is invalid when the eviction is based on thetenant's failure to pay rent. In other circumstances:
The landlord is to give the tenant notice of when to move. The time given may be agreed by the landlord and the tenant, either in writing (a lease for example) or verbally (by talking).
If no time was agreed by the landlord and tenant for the lease to end and a time for notice to move was not agreed; the landlord must give 60 days notice to move. O.C.G.A. Section 44-7-7.
DEFENSE #4
THE LANDLORD DID NOT DEMAND (in writing or in person) THAT THE TENANT MOVE OUT BEFORE FILING IN COURT TO EVICT. O.C.G.A. Section 44-7-50.
DEFENSE #5
THE LANDLORD TOOK THE TENANT'S LATE RENT MONEY AND DID NOT GIVE HIM WRITTEN NOTICE THAT RENT MUST BE PAID ON OR BEFORE A SPECIFIC DATE. (LANDLORDS SHOULD PUT IN WRITING WHEN RENT IS CONSIDERED PAST DUE).
DEFENSE #6
THE LANDLORD WOULD NOT TAKE THE RENT EVEN THOUGH THE TENANT OFFERED IT ON TIME. (Tenants should make copies of the dated check or money order that the landlord refused to cash or present cash to the landlord in front of reliable witnesses).
NOTE: The rights of tenants in evictions are written in Georgia law. The law is in the Official Code of Georgia Annotated (O.C.G.A.) beginning at Section 44-7-1. Books of Georgia law can be found in county and law school libraries.
DEFENSE #1
THE TENANT DOES NOT OWE ANY/ALL OF THE RENT THE LANDLORD CLAIMS.
DEFENSE #2
THE TENANT PAID RENT WITHIN SEVEN DAYS OF BEING SERVED WITH EVICTION PAPERS. If the landlord is trying to evict you only for nonpayment of some or all of the rent, you can stop the eviction by offering cash or a money order to the landlord for the rent due PLUS the court cost of the eviction action. BUT THIS DEFENSE WILL FAIL UNLESS this is the firsttime within 12 months that you have been served with eviction papers. Under Georgia Law, a tenant late for the first time within a 12 month period has 7 days from the time served to pay all costs. O.C.G.A. §44-7-52, 44-7-73.
Note: the tenant should always answer an eviction notice in court whether or not the landlord takes the money. Failure to do so is an invitation for trouble. Also, it's best to pay the landlord in certified funds such as a bank check or money order. Avoid cash. Keep copies of your bank check or money order so you have proof you tendered the money.
DEFENSE #3
THE LANDLORD DID NOT GIVE THE TENANT ENOUGH TIME TO MOVE OUT.
This defense is invalid when the eviction is based on thetenant's failure to pay rent. In other circumstances:
The landlord is to give the tenant notice of when to move. The time given may be agreed by the landlord and the tenant, either in writing (a lease for example) or verbally (by talking).
If no time was agreed by the landlord and tenant for the lease to end and a time for notice to move was not agreed; the landlord must give 60 days notice to move. O.C.G.A. Section 44-7-7.
DEFENSE #4
THE LANDLORD DID NOT DEMAND (in writing or in person) THAT THE TENANT MOVE OUT BEFORE FILING IN COURT TO EVICT. O.C.G.A. Section 44-7-50.
DEFENSE #5
THE LANDLORD TOOK THE TENANT'S LATE RENT MONEY AND DID NOT GIVE HIM WRITTEN NOTICE THAT RENT MUST BE PAID ON OR BEFORE A SPECIFIC DATE. (LANDLORDS SHOULD PUT IN WRITING WHEN RENT IS CONSIDERED PAST DUE).
DEFENSE #6
THE LANDLORD WOULD NOT TAKE THE RENT EVEN THOUGH THE TENANT OFFERED IT ON TIME. (Tenants should make copies of the dated check or money order that the landlord refused to cash or present cash to the landlord in front of reliable witnesses).
NOTE: The rights of tenants in evictions are written in Georgia law. The law is in the Official Code of Georgia Annotated (O.C.G.A.) beginning at Section 44-7-1. Books of Georgia law can be found in county and law school libraries.
