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Lucy, Esq.
Lucy, Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 27218
Experience:  Attorney
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Ok I have been living in this house for over a year - my

Customer Question

ok I have been living in this house for over a year - my lease ran out in May- the landlord said we would just rent month to month instead of signing a lease - it is a management company. I have never been 30 days late since I have been here, I have been late, you are late on the 5th of the month in which you have to pay an extra 10% of you rent ( my rent is $1200.00 so an extra $120.00 ) before the following month rolls around- I was late this month- on the 5th - so I expected to pay the extra $120.00- but on the 11th I found a disspossary warrant tacked to my front door- saying I have to answer or move in 7 days - it also stated that the landlord asked for the premises which he did not and that I owed $1530.00 dollars - I went to the courthouse and answered the warrant because it was not correct - they landlord then called me and wanted to know why- he did not want to go to court just wanted me to pay the extra , money - We came to terms on what I really owed him but my question is Can he even do this ?
Submitted: 28 days ago.
Category: Landlord-Tenant
Expert:  Lucy, Esq. replied 28 days ago.


I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened.

Your landlord can give you a notice to pay or quit if the rent is not paid within seven days. However, when you pay the amount owed, that's a complete defense, and you cannot be evicted after that. Code of Georgia, Section 44-7-52. The landlord cannot use the fact that rent was late to claim more money from you than the rent and any late fee provided for by the lease. The landlord doesn't have any right to charge you an additional $110.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

Customer: replied 28 days ago.
So they do not have to notify you that they want the property before they serve you with the disspossary warrant even though they have never filed a warrant in the past when you where late and have even wrote you to tell you that the late fee needed to be paid before the next month - so arbitrarily any landlord can have a bad day and file a warrant and throw you out if you are late on your rent
Expert:  Lucy, Esq. replied 28 days ago.

It's not about having a bad day, and it's not arbitrary. A landlord can serve a notice to pay or quit on tenant who is late on the rent. A large percentage of landlord file it the first day the rent is late. If the tenant pays, they get to stay. If the tenant can't pay, the landlord has a right to remove them by going to court. The fact that the landlord never did so in the past doesn't mean they can't serve a notice now, unless you have something in writing with an extended grace period.

But again, you said you paid, so you get to stay.

Expert:  Lucy, Esq. replied 27 days ago.

Did you have any other questions about this?

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