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 17:12, 25 March 2023
, 17:12, 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. 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 | 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 McCrackens and Jackson 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 | 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 present month and the previous month’s rent that you know for a fact you already paid. The natural response by an 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 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. | ||
So what can a tenant do to defend against this? The key is in the notice provisions set by the lease agreement and/or Georgia statute. A landlord will likely cut corners to outwit a scared tenant in a timely manner—which means the landlord is more likely to take a misstep in the very rigid process mandated by law. There is also criminal liability for anyone who intentionally files a false dispossessory affidavit, though getting those types of cases prosecuted is presumed to be very difficult—or else landlords would not do this so prevalently. | So what can a tenant do to defend against this? The key is in the notice provisions set by the lease agreement and/or Georgia statute. A landlord will likely cut corners to outwit a scared tenant in a timely manner—which means the landlord is more likely to take a misstep in the very rigid process mandated by law. There is also criminal liability for anyone who intentionally files a false dispossessory affidavit, though getting those types of cases prosecuted is presumed to be very difficult—or else landlords would not do this so prevalently. | ||
“As an experienced landlord-tenant attorney—often times defending | “As an experienced landlord-tenant attorney—often times defending tenants—I have been privy to witnessing behavioral patterns of many landlord attorneys and the judges that are complicit with these tactics, and it is very sad to say the least. Whether you have flat out corruption or if you have a judge who simply isn’t paying any attention to detail, it’s a very scary situation.” McMaster continued: “The other judges turned a blind-eye when we sought removal of Judge Leftridge and relief from what we perceived to be blatant impropriety.” | ||
==The Courthouse Shell Game== | ==The Courthouse Shell Game== | ||
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