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.
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.