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Landlords may have to take a tenant to court over nonpayment

On Behalf of | Jul 30, 2021 | Real Estate Disputes

Being a landlord can come with a host of problems. Unfortunately, many of those problems may arise from troublesome tenants who cause property damage, refuse to pay rent or cause other issues that leave the landlord in a bind. In such cases, Georgia landlords may have to enforce their rights and take a tenant to court for nonpayment. 

Even if the landlord has taken steps to evict a tenant who has not paid, the landlord likely still wants the money owed to him or her. In some cases, the landlord may be able to handle the matter him or herself by taking the owed rent or money for damages out of any security deposits paid by the tenant. If the any money remains from that deposit after the landlord takes what is owed, the remainder should be returned to the tenant. 

In situations where there is no deposit or it is not enough to cover what is owed, the landlord may take legal action in civil court, which could involve the following steps: 

  • Filing a lawsuit seeking rent owed, compensation for damages and legal fees 
  • Providing evidence to a judge as to why the landlord should receive the compensation he or she is pursuing 
  • Requesting that the court clerk place a levy against the tenant if the judge rules in your favor and if the tenant still does not pay 
  • Garnishing wages from the former tenant 

This may seem like a considerable amount of work, but it may be necessary to take a tenant to court if proper payment is not received. Because handling such matters in Georgia can be complicated, it may be useful for landlords facing this type of predicament to obtain legal assistance. Experienced real estate litigation attorneys may be able to provide valuable insight. 

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