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tenant files an answer, the court will schedule a date for a hearing. The landlord may request that

the

court

order

the

tenant

to

ya rent

into

court

while

waiting

rothe

hearing.

If

payment

is

ordered, nonpayment of rent intocourt can result in the court ssuing a “writ of possession” and

the tenant becoming subject to immediate eviction. The tenant must be notified by the court that

they are to pay rent into court before the court cn order the tenant to vacate for failure to make

payment. Once an answer has been filed, and hearing has been held, the court will issue its

decision. If the court rules for the landlord, the nant will be ordered to move after seven (7)

days and may be ordered to pay past due rent.

I filed a dispossessory warrant in the middle of the month and the hearing will not be held until the middle of next month. Rent is due on the first of the month. Can I accept rent while I wait on the dispossessory hearing?

When a landlord files a dispossessory based on nonpayment of rent, the landlord cannot

accept rent from the tenant because it would give the tenant a defense to the dispossessory. After

the dispossessory affidavit has been filed, the landlord can request that the court order the tenant

to pay rent into court. Where the dispossessoy has been filed because the lease has expired or

been terminated but the tenant has not vacatedthe landlord should not accept payment. If the

landlord accepts rent after the eisting tenancy has terminated butbefore filing a dispossessory

warrant, it creates a tenancy-at-wil, which would need to be terminated before the tenant could

be dispossessed. The creation of a tenancy-at-will would require the landlord to give the tenant a

sixty (60) day notice to terminate.

My tenant filed an answer to the dispossessory warrant. I filed because she did not pay the rent. I use the rent money to pay the mortgage on the rental property. What can I do to collect rent while waiting for a court decision?

The tenant is allowed to remain in the real property until the dspossessory process is

complete. Under Georgia law (O.C.G.A. § 44-7-54)a landlord can request that the court order

the tenant to the rent into court as it comes due, if the dispossessory process will take longer than

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