Handling an Indeterminate Right of Possession: Tenant's Obligations and Landlord's Options

Handling an Indeterminate Right of Possession: Tenant’s Obligations and Landlord’s Options

Nemat Law Firm

April 17, 2024

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When the right of possession remains undetermined within two weeks from the service date of the summons and affidavit in Georgia’s eviction process, certain actions may be taken. Here’s what tenants and landlords need to know:

Motion to Compel Rent: In such cases, the landlord may file a motion to compel rent into the registry of the court. If the court grants the motion, the tenant is required to pay the entirety of rent and utility payments owed prior to and following the issuance of the dispossessory warrant.
Payment Obligations: Upon court order, tenants must pay rent and utility payments into the court registry every month as they become due. This ensures that the landlord receives the rent owed while the right of possession remains uncertain.
Consequences of Non-Compliance: Failure to comply with the court order to pay rent into the registry can have serious consequences for tenants. It may result in further legal action by the landlord and potentially expedite the eviction process.
Landlord’s Options: Filing a motion to compel rent is a legal recourse available to landlords when the right of possession is indeterminate. It allows landlords to seek payment of rent while awaiting resolution of the eviction proceedings.

It’s essential for both tenants and landlords to understand their rights and obligations in cases where the right of possession remains uncertain. Seeking legal guidance can help navigate these complex legal matters effectively.

Legal Disclaimer: This article is provided for educational purposes only and does not constitute legal advice. Tenants and landlords facing eviction proceedings should seek professional legal assistance for specific legal questions and concerns.

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