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Where a tenant fails to make rent payments or falls behind on them, they can be said to be in default. Default on payment of rent can lead in turn to a landlord being unable to make their mortgage payments, thereby threatening their property interest.
Georgia law says that a landlord cannot make a tenant make or pay for repairs, unless that tenant, his/her family or guests caused the damage. For serious repair problems, local housing code departments can inspect for possible violations.
Rental lease agreement violations are not uncommon. Even the most responsible tenants might make a mistake every once in a while.Here are the most common violations and how you should handle them. Long-Term Guests. Unauthorized Pets. Unpaid Rent. Property Damages. Commercial Use of Property or Unit.
To respond to the eviction case, you start with filling out an Answer or other response forms. Then, you file them with the court. This gives you the chance to tell the judge if there are any legal reasons your landlord cant evict you and tell your side of the story at a court trial.
The applicable notice period is normally set out in the lease itself. Notice periods may be different for monetary and non-monetary defaults. Where a lease does not specify the notice period, the Commercial Tenancies Act allows a landlord to terminate a lease if rent has not been paid for more than 15 days.
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The rules differ depending on which type of rental agreement exists between landlord and tenant. Under California state law, a landlord can terminate a month-to-month tenancy by serving a 30-day written notice if the tenancy has lasted less than one year, or a 60-day notice if the tenancy has lasted more than one year.
After your tenant is served the Summons and Complaint forms, they have 5 days to file a response with the court. The 5 days dont include Saturdays, Sundays, or court holidays.
Forfeiture is a remedy that is commonly reserved as a right of re-entry in the lease. Most modern leases will contain a right to forfeit but landlords should nevertheless check their lease at the earliest opportunity.
If you take your landlord to court and they are found to be in bdocHub of contract then they could be ordered to carry out essential repairs and you could even be awarded damages. However, court proceeding should only be undertaken if all other attempts have failed. It can be a lengthy, expensive process.
In such a situation, the property owner must have some residual power to deal with a defaulting tenant for redress or recovery of monies owed. Keep payment records. Commence communication on record. Inform the guarantor. Move to court.

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