Difference between revisions of "Georgia Ethics Code Does Not Apply To Fulton Judges"
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Georgia Ethics Code Does Not Apply To Fulton Judges (view source)
Revision as of 17:07, 25 March 2023
, 17:07, 25 March 2023→The Mythical Staged Eviction: Fact Meets Fiction
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A “staged eviction” is when a landlord uses court procedures to remove a paying tenant by underhanded means. And if you have either (a) an unprepared tenant or (b) a corrupt or simply incompetent judge, a property owner acting in bad faith could easily be successful in his or her endeavor. | A “staged eviction” is when a landlord uses court procedures to remove a paying tenant by underhanded means. And if you have either (a) an unprepared tenant or (b) a corrupt or simply incompetent judge, a property owner acting in bad faith could easily be successful in his or her endeavor. | ||
This often occurs when a property owner decides to sell the rental in a hot real estate market (which is what we have here) and they no longer want the tenant in the home under any set of circumstances. And when there is a written lease and the tenant is solvent, it makes an eviction very difficult | This often occurs when a property owner decides to sell the rental in a hot real estate market (which is what we have here) and they no longer want the tenant in the home under any set of circumstances. And when there is a written lease and the tenant is solvent, it makes an eviction very difficult. Well, in Jackson’s case, we not only have a solvent tenant and a written lease, but we have a Purchase and Sale Agreement between the selling-owner and the buying-resident signed after the alleged lease agreement. | ||
The easiest way to successfully evict a paying tenant (and every landlord attorney with half a brain knows this) is to demand some absurd amount so as to induce the tenant not to pay any money at all. Imagine if you owe one month of rent, for say $2,000, and your landlord demands $4,000 due within three (3) days for both the preset month and the previous month’s rent that you know for a fact you already paid. The natural result by any rational and unsuspecting tenant is to not pay a dime! Then the landlord will file with the court to have the tenant evicted and will inevitably win—though the money judgment will naturally be less than requested by the landlord in the original eviction complaint. And thus, the staged eviction is completed in a manner that appears “legal enough” so as to avoid criminal prosecution. | The easiest way to successfully evict a paying tenant (and every landlord attorney with half a brain knows this) is to demand some absurd amount so as to induce the tenant not to pay any money at all. Imagine if you owe one month of rent, for say $2,000, and your landlord demands $4,000 due within three (3) days for both the preset month and the previous month’s rent that you know for a fact you already paid. The natural result by any rational and unsuspecting tenant is to not pay a dime! Then the landlord will file with the court to have the tenant evicted and will inevitably win—though the money judgment will naturally be less than requested by the landlord in the original eviction complaint. And thus, the staged eviction is completed in a manner that appears “legal enough” so as to avoid criminal prosecution. | ||
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