EVICTION ATTORNEY SERVING SAVANNAH, GA

Life’s financial curveballs can prevent you from paying your mortgage or rent and meeting other obligations. Dealing with the prospect of foreclosure or eviction is never easy. However, you don’t have to go through it alone. If your landlord has served you with an eviction notice that you intend to fight, retaining an attorney can increase your chances of success. Hiring me to stop a foreclosure or eviction requires no payment up-front.

With more than 24 years of experience in handling bankruptcy and eviction matters, I can provide you with the legal guidance and advocacy you need to fight your eviction. I will assess your situation and help you determine your best defense strategy going forward. Pytte Law can provide you with the legal guidance and advocacy you need in your eviction claims.

Pytte Law proudly serves clients throughout Savannah and Hinesville, Georgia, and the surrounding communities of Statesboro, Richmond Hill, Ludowici, Liberty County, and Chatham County.

It's necessary to take action prior to any court date set on the eviction. Once the court date has come the Magistrate Court judge will normally sign a writ of eviction. After a writ is signed by the Judge, a chapter 13 filing will not help you. It's better to call us as soon as you are served with the eviction notice, better still to call if you are behind on rent and think the landlord is ready to file for eviction.

Understanding Eviction

Eviction is a very real problem in America. It’s reported that approximately four evictions are filed every minute. An eviction can be described as a situation whereby a landlord initiates a legal process to expel a tenant from his or her property. In some jurisdictions, an eviction may also involve removing an individual from premises that were foreclosed by a mortgage lender.

Circumstances for Eviction

Landlords are able to evict tenants from their property for various lawful reasons, as stated in Georgia’s landlord-tenant laws. Some circumstances that may warrant eviction include:

• Illegal use of the property or damaging the property

• Causing a disturbance or constituting nuisance on the premises

• Health or safety violations

• The decision to take a property off the market

• Owner move-in

• Financial difficulties that result in a failure to pay rent on time or at all

• Breach of the lease agreement, for example, violating pet policy, refusal to pay rent or a legal rent increase, and additional people living on the property

Under no circumstance should a landlord evict a tenant for personal reasons.How Eviction Differs from Termination of Tenancy

Eviction is different from a termination of tenancy. An eviction involves a court process and lawsuit. It involves removing tenants who fail to leave from a property or premises. Conversely, termination of tenancy is the process whereby a landlord ends the rental agreement and asks the tenant to vacate the rental property. In termination of tenancy, the landlord generally gives tenants thirty or sixty days’ notice to leave his or her property.

The Eviction Process

The eviction process in the state of Georgia involves the following:

Notice Requirements

The eviction process starts with an eviction notice, usually in the form of a Pay or Quit Notice, and for documentation purposes, is generally sent through certified mail. The notice is designed to provide tenants with certain instructions to comply with the terms of their lease. The notice should also contain:

• The date the eviction notice was served to the tenant

• The tenant’s full name

• The address of the rental property

• The reason for the eviction notice

• The total amount of overdue rent

• A statement indicating the specific period of time that the tenant has to pay the rent or the landlord will file an eviction lawsuit

• A statement specifying how the landlord served the eviction notice to the tenant

If a tenant refuses to comply within the period provided by the notice, an eviction is brought to court. After eviction litigation has been filed through the court, the judge will review every aspect of the case and issue a ruling.

Refusing to Vacate

If a tenant refuses to vacate the property, the landlord could file an affidavit with the court to start a dispossessory action. Before a tenant could actually be evicted, the landlord must obtain a court order.

Stopping an Eviction

No one enters into a lease agreement with a plan to break the lease, however, sometimes unforeseen circumstances arise that changes our situation. Financial difficulty can prevent you from paying your rent. Fortunately, there are a couple of things to do to delay or even stop the eviction. These include:

• Understand and comply with the eviction notice or landlord’s demands

• Pay the rent you owe

• Try talking or negotiating with your landlord. You may be able to come to an agreement

• Attend the eviction hearing

• Seek help through the Tenancy Preservation Program (TPP)

• File for Chapter 13 protection

Legal Defenses Against Eviction

Possible defenses that may prevent eviction include:

• Your landlord failed to terminate your tenancy properly

• Your landlord did not serve the notice properly

• Your landlord provided insufficient notice prior to filing an eviction lawsuit

• Your landlord accepted partial rent

• Bad condition of the premises

• Retaliatory eviction

If you failed to pay your rent or violated the terms of your lease agreement, your landlord may initiate the eviction process. Nonetheless, there are several ways to defend an eviction successfully. Hiring a knowledgeable attorney is the right thing to do to help you fight for a favorable outcome.

How Legal Counsel Can Help

The eviction process involves complex procedures and legal requirements. Such an experience can be emotionally overwhelming. However, you don’t have to go through it alone. As an experienced bankruptcy attorney, I understand how unbearable financial hardship can be. I will review your unique situation and determine possible defenses to use against the eviction claims. Also, I will help you understand your rights as a tenant and provide you with strong representation. With me on your side, you can increase your chances of getting the best possible outcome.