A landlord files a dispossessory action in magistrate court. The sheriff’s office serves by “tack-and-mail” (or “nail-and-mail”) pursuant to O.C.G.A. § 44-7-51 (a). The tenant files an answer and makes a full appearance without objecting to process or service. The magistrate court grants possession and rent to the landlord. The tenant appeals to superior court [...]
January 29, 2013 Leave a Comment
January 27, 2013 Leave a Comment
Begin Where You Are
Aunt Lee has not been silent. Sometimes I tend to hoard her letters. The burden of that selfishness eventually becomes overwhelming and I have to open up. I am at that point. That being said, there have not been many letters from her. Her pondering every word limits the quantity but deepens the quality. I [...]
January 24, 2013 Leave a Comment
The Importance of Being Earnestly On Time
The tenant in any dispossessory proceeding in which the right of possession cannot be determined within two (2) weeks must pay into the court registry rent allegedly owed prior to the proceeding and rent as it accrues during the proceeding. O.C.G.A. § 44-7-54(a). The tenant runs the risk of eviction for any late payment. Black [...]
January 16, 2013 Leave a Comment
New Opportunity to Dispute Attorney’s Fees in Some Cases
The Georgia General Assembly in 2012 passed amendments to O.C.G.A. § 13-1-11 to prevent what its sponsors considered excessive attorney’s fees in certain cases. Section 13-1-11 validates obligations to pay attorney’s fees included in promissory notes, security deeds, bills of sale and other evidences of indebtedness including, according to caselaw, leases. An attorney’s fee provision [...]
July 29, 2012 Leave a Comment
Summary of Selected 2012 Legislation
Following is a summary of legislation passed this year, and signed into law by the Governor, of particular interest to real estate practitioners (listed by bill numbers, first House Bills and then Senate Bills). The text and status of any bill may be accessed at http://www.legis.ga.gov/en-US/default.aspx. I prepared this summary with Gayle Camp. She and [...]
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