Eviction Terms
(“non-jury trial”) refers to a trial by the judge sitting without a jury.
means a “violation” of the rental agreement or community rules. Same thing as a “default”.
refers to a lawsuit for recovery of money.
refers to the administrative arm of a court which receives and processes legal paperwork for the judges.
is usually an amount posted to the resident’s ledger or included in the charge-off of bad debt which results in a collection account. It is assessed based on a provision in the lease due to the resident “breaking” the rental contract.
term generally used when referring to a kind of legal proceeding. For our purposes, typically used as a synonym for a lawsuit or “civil action” which is filed in the state or federal court systems?
is a resident’s legal defense to a “dispossessory warrant” or collection action based on management’s failure to make repairs which created conditions so bad that the apartment was unfit for human habitation. The resident must actually vacate and move out of the property. Proving the defense excuses the resident from owing any further rent to management.
refers to a postponement of the trial or hearing until a later date based on legal reasons or sound discretion of the court.
agreement entered into between property management and tenant agreeing to perform under the terms as detailed in the consent agreement. Consent must be created as part of the filing of a dispossessory otherwise court won’t be able to assist with enforcement thus creating a consent order.
a legal term meaning how much compensation or money is owed for breaking (breaching or defaulting) the lease agreement.
(“breach”) of lease means a “violation” of the rental agreement or community rules. Default in a lawsuit means the failure of a defendant to file an answer or other response within the time allowed by law.
the person or party who is being sued in dispossessory case, civil lawsuit, or charged with a crime by the government.
A procedural requirement on management prior to filing a dispossessory warrant. Georgia law requires that management first make a demand that the resident vacate the property prior to filing the eviction proceeding. The demand can be stated in the alternative by demanding the resident either vacate the apartment or pay all rent and other charges that are past due.
An eviction lawsuit that is filed with the court. It is also called a “proceeding against tenant holding over” or “dispossessory warrant.” There are two legal grounds for filing an eviction: non-payment of rent and holding over beyond the term of possession. “Holding over” is the basis for filing a dispossessory warrant when a lease is terminated by management for a violation of the lease.
means the same thing as a “dispossessory proceeding.” Eviction or “set-out” is sometimes used when referring to the actual physical removal of a resident and their personal possessions from the apartment under supervision of the sheriff or marshal.
is the legal ground specified on a “dispossessory warrant” when management terminates or non-renews a lease due to the resident’s violation of the contract or community rules.
an “order” of the court granting a ruling in favor of either the plaintiff or defendant. In a “dispossessory proceeding” a judgment results in granting a writ of possession or finding of an amount of rent that is past due. Money judgment or writ or both. Personal or Notorious service of the defendants or a defendant answer to the court is required to obtain a money judgment enforceable against the personal assets of the defendant.
term for either the owner of a property or management who leases the property to a resident.
is usually an amount posted to the resident’s ledger or included in the charge-off of bad debt which results in a collection account. It is assessed based on a provision in the lease due to the resident “breaking” the rental contract.
refers to a special kind of lease provision under which management and the resident agree to substitute a specific amount of money as the amount of rent (or other charges) that management is entitled to receive from the resident if he breaks or violates the lease. There are special rules for determining when such provisions are valid or enforceable (legally binding). Usually the damages must be impossible or difficult to determine, the amount of money selected must be reasonable, and the parties must clearly intend for the “liquidated” (fixed) amount to substitute for the usual legal method of how much would be due. A late fee is a type of liquidated damage which the resident agrees to pay if rent is paid after the grace period.
the legal ground for filing a “dispossessory warrant” when the resident has not paid rent.
a warning letter to the resident that he or she is in violation of the lease. The notice advises a resident to correct or quit whatever it is that is a violation. The resident’s failure to correct the violation will usually result in a lease termination.
The person or party who filed a dispossessory case or civil lawsuit.
the term referring to a resident’s or occupant’s personal property.
Refers to a letter from management advising the resident that rent is past due. The notice usually combines the late notice with an alternative request that the late rent be paid within three days or that the resident vacate the apartment. The request to vacate is known as a “demand for Possession”. A “three day notice” is not required by Georgia Law, but a “demand for possession” notice is.
refers to a resident’s claim or lawsuit against management which alleges the resident was unlawfully evicted or locked out of his apartment without going through the proper legal procedures of filing a dispossessory warrant, obtaining a writ of possession, and having the sheriff or marshal come out to perform and supervise the eviction.on a provision in the lease due to the resident “breaking” the rental contract.
the order or judgment issued by the court giving management the right to have possession of the property. The “writ” instructs the sheriff ot marshal to evict the resident from the property and return possession to management.
Source: The Apartment Law Book by Robin P. Hein, Esq.