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