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Christopher B, Esq
Christopher B, Esq, Attorney
Category: Landlord-Tenant
Satisfied Customers: 2983
Experience:  Litigation Attorney
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Eviction notice served unknowingly to me for i was out of

Customer Question

Eviction notice served unknowingly to me for i was out of state
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  Christopher B, Esq replied 1 year ago.

My name is ***** ***** I will be helping you today. Thank you for your question and for using

Unfortunately, the state of Georgia is one of the few states that allow a landlord to give oral notice of an eviction, because of that the state does not give much guidance on how notice must be given, but it is generally accepted that posting the notice in a conspicuous place at the rental unit, such as on the front door of the apartment is sufficient. That means that an eviction notice can be valid even if you do not get actual notice because you are not at the actual property to see the notice if it is posted on the door. An unfair result thus can happen and you will lose an opportunity to respond to the eviction.

It may not always be in the tenant's best interest to challenge an eviction. The tenant could end up paying for all of the landlord's court and attorneys' fees if the tenant loses the case. The tenant could also receive a negative credit rating. The tenant's best option might be to try to negotiate an agreement with the landlord outside of the court system. Many communities have free or low-cost mediation services that handle landlord-tenant disputes; local resources are available through the website mediate. com and the American Arbitration Association.

Since this notice is permissible, it will be difficult to challenge the eviction but if it was wrongly done, you can ask the court to set aside the decision if you have valid reasons. Since you probably did not timely respond, this can be a tough hill to climb and you should retain an attorney ASAP if you do in fact think it is worth it to you to fight the eviction. Without an attorney you must file a motion to set aside the verdict with the court.

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Customer: replied 1 year ago.
Some what due to the fact i was in contact with management 4 times not once did she mention enything about that their card machine was down id not come up until t 12th of sept.
Expert:  Christopher B, Esq replied 1 year ago.

Again, since Georgia does not give guidance on the type of notice, simply putting the notice on the front door is accepted. If you can show that you were in constant contact with the management company and they did not mention the eviction as well as their equipment was the problem and why you did not pay, you would have very good grounds to overturn the eviction and ask the court to set aside the eviction. You will need an attorney that is specialized in landlord tenant issues to file this for you but with these factors it is possible to get it set aside but not necessarily probable depending on your Judge.

Expert:  Christopher B, Esq replied 1 year ago.

Just checking back in, do you have any further questions?

Expert:  Christopher B, Esq replied 1 year ago.

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