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 22:29, 26 March 2023

661 bytes removed ,  22:29, 26 March 2023
→‎The Mythical "Staged" Eviction: Fact Meets Fiction
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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 also have a Purchase and Sale Agreement between the McCrackens and Jackson signed a day after the alleged lease agreement. To make matters even more complicated, the McCrackens aren’t even a named party to the eviction case.
This often occurs when a property owner decides to sell the rental and they no longer want the tenant in the home under any set of circumstances (which is what we have here). 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 also have a Purchase and Sale Agreement between the McCrackens and Jackson signed a day after the alleged lease agreement. To make matters even more complicated, the McCrackens aren’t even a named party to the eviction case.
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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 an expedited manner—which means the landlord is more likely to take a misstep in the very rigid process mandated by law. Insufficiency of process is
an affirmative defense under Georgia 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.
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"As an experienced landlord-tenant attorney—often times defending tenants—I have been privy to witnessing behavioral patterns of many landlord attorneys and 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 in Jackson's case. It was almost as if they were saying 'It doesn't matter what the law says, we aren't going to remove our friend from the bench.'"
"As an experienced landlord-tenant attorney—often times defending tenants—I have been privy to witnessing behavioral patterns of many landlord attorneys and 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 in Jackson's case. It was almost as if they were saying 'It doesn't matter what the law says, we aren't going to remove our friend from the bench.'"
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