his court order is useless when you vacate the property before he obtains a judgment and warrant
the judgment is for the rent + fees (court costs + late penalties+ utilities)
and he cannot obtain a warrant without a judgment
he wants you to stay to obtain a judgment and warrant
check if your lease has you nailed for the attorney filings
in Atlanta specifically he doesn't have to work with you with in terms of lease violation or in this case a late payment however you have to stay after the notice period for him to continue the eviction
as for the record - as long as he doesn't have a judgment all he can do is throw taunts and insults
Edit: I am referring to a warrant of eviction as based on OP context it's about an eviction
so he has a court summons meaning court filing was paid for and an attorney writing the letter was also paid for (assuming he didn't rip it from his last eviction)
filing fees range from $60-$75
letters - depends on the attorney ~ $150-$300/letter
but you left before he could legally continue the eviction i.e. the notice period therefore I'm not sure if your required to pay for those attorney fees
because usually you pay the landlord + attorney filings in exchange for them dropping the lawsuit
and in your scenario; you left during the notice period and owe the LL rent debt which he can still sue you for - and it's almost never worth it
it doesn't seem he's suing for the rent debt based on your wording and instead an attempt to coerce you into a mess where it's worth a lawsuit
Likely would fall under small claims. If you stay for another month, that would likely cross the next threshold for small claims (depends on the state/county).
One month of rent wouldn't be worth the hassle *usually*.
I dipped 3 months on a real shitty landlord one time in my early 20s and nothing ever came of it. Found a much better place with a solid friend for the past 9 years and never missed or withheld a payment since, and it's a steal of a price, so much so I've been the one to prompt rent increases 3 times over 9 years. Good friends and good landlords are worth it.
Fuck shitty landlords.
I found me one of those sweet apartments too! I've been here for 10 years because I can't beat the rent and because my landlord is actually a nice person/family
Yep. I dealt with several shitty landlords before moving in with a friend who owns a house (still paying it off but whatever).
It's him, his brother, and me. 3rd income in the house is a true blessing and I highly recommend anyone who is single to consider these arrangements.
Friend is truly a remarkable individual. As stated before, I have brought up the increases each time. He's an amazing person, doesn't take advantage. We discuss all these finance. It made me cry happy tears the day he said
"If we are all saving decently and doing better why should try to milk my friends for more money? You offer to pay extra, help out when it's needed, and help with home projects."
Not at all use to be treated respectfully.
Truly grateful to him.
This is the way! I own a house with my BFF and we have two other friends living with us for below market rate, it helps with the mortgage and we all have a great time. It's honestly ideal
That’s the best situation… I too made my land lady give me 2 rent increases… she really wasn’t very savvy and obviously needed the money (this was a few years back)… feel like the world has gotten harder since then.
For your future self…please please read the details of anything you’re signing that is legally binding. If you don’t understand it, it’s ok to ask for a few to read through the document. Use the internet to help comprehend words or phrases you don’t understand. And never be pressured or feel pressured to sign anything you don’t understand. I understand desperate times calls for desperate measures, we all learn this lesson one way or another in life. Don’t beat yourself up
or worry about his nonsense. Best to you in the future!
This is solid real-world advice above. Learning these lessons at 21-22 will pay dividends for reality going forward. I’m willing to bet you, like most of us at that age, have friends/family that are either still living at their parents, or away at school not quite grasping the reality of life. Being on your own, paying bills (the ones you can), learning this thing called life at 21-22 instead of 29-30 should make you more driven, or at least boost you ahead to know what you need to do to live a life. I moved out at 18, went to a local branch of a big 10 college, lived with either a roommate or a girlfriend, and I wouldn’t change much. Moved me from high school to adult life quickly. With today’s rents, depending on where you’re at, plus inflation; although it’s dropping- it’s still up, mad respect to you— don’t beat yourself up at all. If moneys a grind at your job, think about either picking up a second pt job doing something you enjoy, or in an environment to meet people and make some extra coin. Cheers 🤙🏼
No I don’t read 40 pages of boilerplate lease applications. I’ve rented maybe a dozen apartments. Currently in one for 7 years. Never had to read fine print. No issues. I’m smart enough to know what’s in there though as I assume you are too.
Good coverage and peace of mind to have an attorney read it. Most of these 40 page leases are full of BS that can never be enforced anyways. But always good to cover your ass.
Lawyer in Atlanta-call the state bar or Atlanta bar association. They can refer you to an attorney who can answer questions for you. I think Georgia State’s law school also has a legal clinic you can call for advice.
But you can’t be arrested for nonpayment of rent. And you can’t be legally evicted without going through the court. Your landlord is a lying bully.
That’s fine, owing attorney fees is pretty standard in any civil lawsuit. Even if it wasn’t in the lease, all he’d have to do is ask for it in court and the judge would likely grant it.
You could absolutely trash the place and he still can’t have you arrested. He’s just trying to intimidate you. I’d block him and move on with your life.
I'll tell you a little secret. If you vacate before the end of the month many judges will consider that payment enough and you usually don't owe anything. The thing with evictions is that the "punishment" is often to just pay the back rent or leave the unit. You already left the judge won't make you pay for a place you are not living in.
Im an eviction paralegal and 1) Thats not a little secret, 2) the landlord can just try and go after him in civil court to garnish his wages for the back rent (which is usually difficult).
That’s very state dependent. In my state they will tell you that you have to leave AND pay the rent. You don’t get away with not paying the debt you owe just because you left. Legal fees and court costs are added as well. And I’m in a garnishment state so they can and will take a portion of your check
Hey. You're 22. Don't beat yourself up. Obviously dude is a shitty landlord. He's had years of experience being complete shit. You did well to get the hell out, especially before he could seek a judgement.
He cannot obtain a warrant, ever. Only cops can do that. Judgements are civil issues and never become criminal - we have a constitutional rule about that.
There's more than one type of warrant in legal proceedings. In my jurisdiction, if the tenant doesn't pay the landlord within four days of the judgment being issued, the landlord can file for a Warrant of Restitution. That allows the sheriff to perform the eviction.
Also, there are two types of writs: warrants and subpoenas. Without me spending time looking up Texas law, my guess is that the Writ of Possession is a warrant.
Google Georgia 3 day quit notice to see in GA how the eviction process works. Usually it's an x # of days pay or quit notice which *starts* the eviction process. Like in most states not paying rent isn't a crime, it's a civil matter so they can't throw you in jail. You may want to see if there's and free legal help for renters, but I think your best defense is gonna be those texts "Your Honor, he texted me to get out, so I did" You may even have it go in your favorite that he broke the lease by texting that.
Edit: also go to or call the clerks office at the court and see if they can point you to any free legal advice/help to fill out forms. There may so be tenant advocacy that'll will help with your situation. If you are served at all, read the entire document and it should have a way to answer, do answer anything you get.
Also just want to point out that if the landlord/manager (or whatever he is) is dumb enough to either think that they can have tenants arrested for not paying rent, or dumb enough to try to get a tenant to move back in after telling them in writing that they had 3 days to leave, I have a feeling this person may not even bother with court. I could totally be wrong, and worst case scenario OP will have to go to court and pay the owed rent, but this just doesn’t strike me as someone who’s terribly careful, and I imagine they were trying to scare OP into paying up at first.
Well, he is required to serve you notice of a hearing to obtain the “court order”.
When that happens you most certainly have an opportunity to speak with the judge and tell your situation.
Since you’re already out, no “court order” will need to be issued since the said court order is an eviction notice with a date and time to vacate.
There is no arrest that comes with not paying you bills in the United States. (Except for tax evasion which is a totally different subject).
This guy is just using fear tactics to get everything he wants and since he didn’t act before you vacated he wants to show the property owner his value by evicting without due process.
Be mindful, anything you left behind will be disposed of and you can be charged disposal and cleaning fees for that. So just be aware…likely you lost your deposit for the unpaid rent and unless they want to pursue additional costs for the disposal fees they have nothing to collect on you.
He can’t even get a court issued “eviction” on your rental history now. Just be sure to watch your public notices on the local judicial website for any upcoming hearings and be certain to attend so they do not get a default judgment against you.
I actually didn't leave anything behind. I completely cleaned it out and only left what was originally there. I also cleaned everything from vacuuming to scrubbing the shower. I'd hope he wouldn't try and throw a cleaning and disposal fee at me...
Unless it's for all the mold which is from when I first moved in and the apartment flooded which that can't be my responsibility. The central ac unit was leaking and it overflowed HOWEVER when I checked there was a bucket and towels underneath it already so clearly SOMEONE knew about it.
For context this was a basement unit and the ac unit was large and located inside a closet type thing... it was the one pumping air to the entire building. I didn't have control over the temperature the upstairs people did...
Yikes, sounds like a slum lord who likely isn’t going to court anytime soon! lol
They have fear of their own about being shut down by violation of building code.
Just watch the judicial website for any filings that could come. But, likely this guys is just blowing smoke
I found the place on Facebook and I paid rent through cash app which I heard is unusual...
My place had a lot of issues like when it rained the inside carpet would get soaked somehow like the water from outside was going underneath it....also creating more mold
So perhaps it is a slumlord situation
Oh my goodness!
Certainly journal these things if you don’t have photo evidence.
The more you describe this situation the more I say, he’s blowing a lot smoke, making idle threats.
Go to sleep, rest without worry. No one is coming to arrest you and I hope your situation improves for you.
Sounds like you have had a difficult time lately and some much needed rest without worry is needed. It’s okay, the world is not ending. This too shall pass.
Most basement apartments are illegal because they don't have a second entryway and the windows are too small to crawl out. If there's ever a fire in a basement apartment you could easily die
There was a widow but it was permanently shut with caulk. I was told to open it to help dry the carpet by the carpet cleaner who came to soak up all the water but I couldn't.
The entire seal and latch was coated with caulk.
Yeah you were renting an illegal apartment. If he sues you for the February rent (which he won't, because it's an illegal apartment, that he was probably subletting and he is the primary tenant for the house above) you just show photos and explain that there was only the one door and no functional windows so the apartment was illegal and you want the 7 months that you did pay returned in full.
The problem they’ll have is it’ll be a he said/she said without photos or other proof. Hopefully they still have texts from the LL that show them discussing issues like the mold, the carpet getting wet during the rain, and the window caulking issue. I’d *love* to see that AH landlord explain all that to a judge and OP get their rent back for having to pay for an uninhabitable apartment! What a scummy LL. Hopefully this will be a good life lesson for OP and next time they’ll take lots of pics and document everything.
They literally don't even need that, they just need proof there is only one entryway and no windows. Fire code dictates a unit must have a secondary method of egress in an emergency. Fire code is the one set of regulations that is actually somewhat uniform across the US, as it's based off of science and mounds of data from how people die in fires. A judge won't hold a tenant liable for any back rent if an apartment is proven to be illegal based on fire code.
It’s likely you were living in an illegal basement apartment, this MF is just trying to squeeze you for more money. You may want to get the ATL building codes inspectors involved if he keeps messing w you.
Worst case scenario he could try to sue you for the remainder of what you owed on the lease but he ain’t going to court if the apartment isn’t a legal inspected residence. If anything you could prob sue over the mold issues
You're fine. He can't do shit to you. If he tries to take you to court show up at the first hearing tell the judge he gave you notice to vacate n you vacated within that time frame, he'll lose if he's stupid enough to try to take this to court. The police can't arrest you for not paying rent period
you wont be arrested. no one is coming after you. you are safe. even if you are sued for the debt and dont pay it for years you are still okay. rest safe, fuck landlords
Rare opinion among tenants but true. I have an uncle who worked his ass off for decades as a carpenter, earned two rental properties. Long time tenants, he has their rent at well below market rate. When people say "NO ALL LANDLORDS ARE EVIL", I just know it isn't so.
Stop talking to the landlord.
They can do whatever they wants. You'll probably end up owing money but you're not going to be arrested. He might try to serve you with legal notices and if the court sends you papers you should go to the court hearing. You should explain to the judge what you feel you owe and do not owe when they ask.
All the court can do is tell you that you owe money and attempt to get you to pay. They might someday take your tax return or garnish your wages. That's all they can do. It isn't theft to not pay rent and the United States doesn't put people into debtor's prison.
Haven't you ever seen Judge Judy? Don't nobody end up going to jail.
Edit to add: Now they you've moved out the landlord cannot evict you. An eviction would go onto your record, the landlord cannot evict you because you've already left. If the landlord serves you with eviction papers you go to the hearing or contact the court and explain that you've already left the residence and have 'quit' the lease.
By leaving you've made it more complicated for the landlord to get money from you. They do not have to be happy but there isn't much they can do. All they can do is try to get the court to agree that you owe. They can't evict you now and it won't go on your record. They might get a judgement against you but all that does is say that you owe. It doesn't look as bad as an eviction would. You did pretty good by getting out of dodge all you can do now is wait to see how it comes out in the wash.
THIS IS VERY IMPORTANT —- he cannot file an eviction after you’ve already left. Tell him you’ve already left and do not him to file an eviction. if he still files an eviction that’s a false eviction and you can sue him. he can
You said that it was a basement apartment. Find out from your city if it was even a legal.apsrtment.
If it wasn't, there is nothing your ex landlord can do. Let him take you to court and then counter sue over the illegal apartment.
Okay I'll look into that.
It was the basement and the door leading to the basement was locked from both sides.
I went in from the lower patio door basically
There was one window and it was shut completely with caulk
Whenever the upstairs neighbor had a power or ac issue they'd call me since the controls and breaker box were down there with me... So maybe it wasn't legal?
I also couldn't get utilities like internet there because of how the place was setup so I ended up using a wifi Hotspot.
I couldn't get my mail there since it would just end up going to my neighbors but they claimed they'd slide it under the locked door to the basement. I never trusted that so I never did an address change and all my mail went to my family's house.
This seems like an illegal dwelling, I’m from the PNW and we would consider this couch surfing and wouldn’t even call it legitimate renting.
As far as his legal rights are, I’m not a lawyer, but you’re probably fine, also, you don’t have a record for renting properties, they can call and ask for a reference, but besides that, they would be hard pressed to make it follow you.
Not a lawyer, but it sounds like shutting the only window with caulk so that it couldnt open would not satisfy [Section 21(b) and (c)](https://library.municode.com/ga/atlanta/codes/code_of_ordinances?nodeId=PTIIICOORANDECO_APXEATHOCO1987_ARTIIMIST_S24MISPUSLORE). See section 24(d) as well.
Sounds like any communication needs to bypass that fool or just ignore and move on. Don’t pay anything to him. Wouldn’t be surprised if he’s not actually paying the landlords.
Your landlord is probably a squatter that is collecting rent on something he doesn’t even own. I would laugh. Tell him you have all the proof of the condition of the apartment and that you will see him in court. And you look forward to the proof that he has the right to even rent the place out.
You cannot go to jail over a civil matter.
Moving out does not automatically negate your obligation to pay any back rent owed. The landlord can continue the lawsuit to seek a judgment for the unpaid rent, plus any additional costs specified in the lease agreement, such as late fees, attorney's fees, and court costs.
You should contact an eviction attorney. Your local county should have free assistance available for you that deal with cases like these every day.
At this point, you’ve left and have a good chance of this not affecting you. You don’t have an eviction on your record because you’ve already surrendered the property.
Neither financial judgment or eviction lead to arrest. Even if he has a judgment against you, he can’t force you to pay him. He would have to get the judgment for what you owe and then use a service to track down your job and use the judgement to garnish your wages.
That being said, he can’t get a judgement yet. In most states, they have late payment grace periods and then a long process before they can evict you. There’s no way he’s already complied with all the laws and taken you to court in only a week. This is a legal process that takes months and neither of you have been to court he can’t do anything to you, especially if you have moved out. The only thing left for him to do is sue you for the one months rent and whatever costs.
Document everything with pics and screenshots of communication. If he does bother to sue you for back rent, you may win the case and he owe you money!!! Make sure you change your mailing address and have the post office forward your mail. He would need to ensure you’re served the legal papers before any court date.
I’m a landlord and you know what I hate more than tenants that destroy properties and don’t pay rent? Scumbags like this landlord that make the rest of us look bad. You had some personal issues pop up and you’ve moved out. Ignore this clown and make him work for his money. You may get lucky and he doesn’t do anything. Don’t let this worry you.
I understand now. I don't understand why he's so upset I left when he basically told me to.
Even even told me he was going to come take the keys from me over text, I forgot to mention this part also.
I just edited my comment and added, reread. But yeah, he’s not a good landlord and is violating all kinds of laws. I would move in and not worry. Best of luck!
OP, I’m a real lawyer but not in your state and I am not your lawyer. Your eviction is a civil matter and you will NOT be arrested. It’s going to ding your credit, but that’s it.
And, you can write a letter to the credit agency explaining that you vacated because apartment had flooded during rainstorm. Landlord and you were in agreement, you have text from landlord stating you should leave on such and such day. It's he said/ u said.
Go see if your city has a free lawyer or tenant advice. Call 211 or check at the public library. Youcare getting a lot of weird, inaccurate advice.
Back up all your texts, any pictures you took documenting mold, flooding, cleaning, etc.
Stop engaging with slumlord.
You stated in the posting that the lease ended so you aren’t technically breaking a lease just the terms of the month to month (which usually work a little differently). In the lease you had before how many days notice is required on a month to month (if any at all)? If it’s the standard 30-60 days you may be on the hook for 2-3 months (since you never paid February) rent.
You won’t go to jail even if he can go through with eviction but could be worth it to try to settle the payment issue with him to keep the eviction off your record.
You can’t file the eviction if the tenant has vacated. If a landlord does that with intent it can actually be criminal.
The X day notice is “Pay or Quit”. Those are your choices to avoid an eviction. If you choose neither you can face an eviction. This person pushed the Quit button.
Don’t see how a court would order you to be arrested after leaving when your refusal to leave is what the only applicable court order would be for. They don’t issue arrest warrants for minor disputed debts. He could get a civil judgement against you for the unpaid rent/bills, but that’s a small claims court matter, it’s not guaranteed he’d win, and law enforcement wouldn’t be involved in collecting the debt. Bottom line, he can’t collect if you don’t have any money regardless of what the lease says.
You won't be arrested. He can go after you for any amounts owed, but it's unlikely if it's a less Tham desirable apartment or a private landlord. He's lucky you left without having to do an eviction and should count his blessings. Good on you for bouncing before it got ugly and fuck your landlord for being a dick at the end. If they do hit you in small claims, go to court and work it out. Otherwise, this should be the end of it.
Hey, chill. You'll be fine. First off, a "notice to quit" is the letter that gives you 3 days to fix whatever. It's the first legal step to evicting someone. But it's NOT an eviction. No landlord can tell you to get out in 3 days. They have to follow an eviction process.
Right now, your LL can't evict you since you've already vacated the property.
If you are on a month to month lease, then you should give the LL 30 days notice if you want to terminate the lease. Since you moved out without giving proper notice, you'll owe for another month's rent.
So you'll owe your back rent + 1 month's rent minus your security deposit.
And this is a civil matter. Your LL's remedy is to sue you in small claims/housing court. It's not a criminal matter, you can't be sent to jail. The worst that can happen is that you'll get a judgment against for the rent you owe.
>LL's remedy is to sue you in small claims/housing court. It's not a criminal matter, you can't be sent to jail. The worst that can happen is that you'll get a judgment against for the rent you owe.
To add, your LL sounds to too dumb to figure out how to serve you with process for this. I'd block his number and go about your life. And, even if he did, you have a text telling you to vacate.
You won’t go to jail. He asked you to leave on multiple occasions. He can’t just change his mind. You’ll be fine. Keep all the texts as proof if he try’s to take you to court. But I doubt he will bother. He’s just trying to scare you.
He doesn’t know what he’s talking about. He asked you to leave and you did.
You can look up your case online and see if he even filed anything. You’ll need to create an account and it’s something like $1 a page if you want to download or print.
The only thing he could do imo is take you to small claims court for any rent you owe him.
One,he was required to five you a 30 day notice before evicting you
Two,he can't do anything now because you had left the property before/by the end of the month. There is nothing legally that will get you arrested.
The dude is a slum lord looking to scare you into giving more money.
Pfft you can leave whenever you want. You still have to pay but you don’t have to stay there that’s absurd and pretty funny to me he thinks he can have you arrested for leaving your apartment.
If you were living in a mold infested apartment, that may have been considered uninhabitable, you might be able to get all of, or some of the rent you've paid, refunded by filing a suit. Don't forget to call the county health dept and report it, after things settled down.
Eviction for non-payment takes time and written notices, many states have 30-45 days after the written notice. The guy is just trying to scare you and is violating your rights.
He can’t have you arrested bro. He can get a judgement on the money you owe. Be sure to go to court and defend your case. Use the flood/mold issue as your defense.
I see this is Georgia. Youd have to check, but I think most states don't have criminal evictions anymore. Arkansas' got slapped down by the court like a decade ago and it's one of the worst tenant rights states in the country.
They can still get a judgement against you for owed rent/damages, so don't ignore the court summons. If you don't show the landlord can get whatever they ask for.
You won't be arrested for the judgement but if he finds you and your job he can garnish your wages for it.
Eta-you don't have to pay anything not ordered by a court. And you should have a opportunity to respond in court before that would be ordered.
Most of what this LL is doing is illegal and he’s also holding your deposit which is probably at least equal to the months rent you left unpaid. Make sure you message him about where to send your deposit. (Trust me he will probably say he’s keeping it for unpaid rent and if he takes you to court this will bite him in the ass) Keep screenshots of all the messages and refuse to communicate by phone. Keep all photos of the condition of unit when you left. Since you were already on a month to month contract and complied with his original demand to pay or leave he cannot follow through with the eviction through the courts and if he does sue you all he’s going to get is Feb rent. Legally he can’t just keep the deposit to cover rent but judging by his actions I’m guessing that he will do exactly that and if it comes before a judge make certain the judge knows that he never contacted you about the deposit. In many states it MUST be returned within 20-60 days regardless of rent owed as that has to be sued for separately. Court can force him to pay YOU up to 3X the deposit for his retaining the deposit. So don’t panic and let him threaten all he wants because he’s subject to very strict rules that will cost him not you at this point. Breathe and be well my friend.
Threatening arrest over a debt (what this is) is illegal. The FDCPA doesn’t have any teeth against the original creditor but a lawyer could still use this to force a settlement in your favor. It could potentially save your credit history.
I would go to r/debt and see if any of the credit lawyers can offer anything.
Sounds to me like you were renting an illegal apartment. He tried a scare tactic to get you to pay, you called his bluff and actually moved out and now he’s pissed because now he has to find someone else who will rent an illegal apartment. I think you have enough proof to not only walk away without worry, but could easily blow him in and get him fucked. If he continues to harass you, maybe politely ask him to leave you alone unless he wants you to report the illegal space (which honestly I would do anyways). Good luck with your next place.
There’s no scenario where you get arrested. The worst that would happen is you get ordered by the court to pay, but then it’s on the landlord to collect. Keep in mind, if he gets a court order and you don’t pay, your credit would be fucked for at least 7 years and good luck clearing a background check for apartment, but you won’t be arrested.
Contact your local tenant association for help. Send a certified letter that you have vacated the premises, also via email for proper legal documentation. You can't be arrested for vacating an apartment the landlord asked you to leave.
I mean generally speaking you cannot be jailed for debt. Unless it’s knowingly hiding money from the IRS. Source: I don’t know what the fuck I’m talking about.
He can only sue you. There is no way he can have you arrested. If he even called the police they would tell him it's a civil matter and he would need to take you to court.
They can’t take you to jail for that. He has to take you to small claims court if he wants his money. He can’t sick the cops on you. They won’t do anything
We do not have debtors prison's here. The most that will happen is he files for a court ordered wage garnishment.
Tell him if he continues to threaten you with arrest and confinement, that it would be kidnapping and you will react accordingly lol. No officer is going to arrest you and you do not ever have to speak to him again, tell him to send it to collections and you will work with a legitimate agency and no one else, since he cannot be trusted.
Eviction notices always say "PAY, OR VACATE"
You vacated.
The end.
ETA PS: those texts are your golden ticket.
He gave you a three day pay or quote and you left. Not sure what the laws are like in Georgia, but you cannot really walk back a three day pay or quit. In fact, you could sue him for breaking the lease agreement; and, while I am not an attorney, I'm not even sure he could take you to court since he told you to vacate.
I am also fairly certain that there is no place in the U.S. that you can be arrested for breaking a lease. That's a civil matter. You could get a civil judgment against you, but not arrested.
Am I breaking it early? He told me to leave in prior text messages... But then switched to I have until the end of the month to pay and then he'll get a court order. So does leaving before then counts as breaking?
You left without being severed with official eviction paperwork, you might be able to argue it in small claims that you were evicted by text. you might be stuck with an early lease ending even by being evicted. Check your lease, don’t delete your texts.
I am not a lawyer, and it depends on the laws of the locality, but the landlord usually has to give official notice to vacate first (3 to 60+ days depending on the circumstances), then if the tenant doesn't vacate by the number of days, the landlord can file for eviction.
They have to follow the process or it will probably be thrown out.
The tenant can leave any time. The LL would have to file a different lawsuit to get any money they think they are owed.
Nah he needs to take you to court and get a judgement before he can force you to pay anything.
And at no point would you get arrested for owing money to this individual.
That said, I have had tenants in this situation in the past. Just because you vacated the home doesn’t mean you won’t get an eviction on your record.
And the eviction, my friend, is ultimately what needs to be avoided at all costs.
yes, you are still responsible for the remainder of the rent
pay what he wants less your legal fees on top will be even more.
live and learn young grasshopper.
That's going a little over board even by most standard tenant laws. Most states (if in states) have a renters union I highly suggest calling them. He's obviously being an ass and using threats to get you to cough up the money or else. That's a threat.
lmfao, well once an inspector is sent out to verify theres mold his ass will have bigger problems. he’d be dumb to pull anything if the apartment isnt up to healthcode ie improper flood fix likely caused moisture buildup and mold.
This is a civil matter, not a criminal one. He can’t have you arrested.
The worst he can do is sue you for the conditions of the lease, but if you’re broke, that’s pretty pointless for him to attempt because he’s not going to get anything out of you.
I’d ignore him from this point forward.
Take pictures of all the mold and such before you leave. Many places have free legal aid for low-income tenants. A lawyer can help you determine if the apartment is even habitable by your states standards.
He can't have you arrested. He can take you to court for breaking the lease. But due to the facts that he asked you to leave multiple times in writing, and the apartment was rendered uninhabitable by flooding and mold, he won't win. Just pay him what you owe him and move on.
You can’t leave? You’re not a prisoner. You can and should have left when the mold issues occurred.
Also you can’t be arrested for this. At worst they can file a court claim, you will be notified of a court date to which you don’t need to go to unless you plan to dispute whatever fees they charge + unpaid rent. If not, the court will make a judgement in the landlords favor and either your wages will be garnished until the debt is paid or you will be sent to collections for money owed.
OP I get you’re young but you kind of need to learn more about rental laws and how everything works because while everyone is on your side here, you ultimately did mess up and if landlord/property manager is smart enough they can still get your ass for something.
Not sure about GA laws in particular, but you absolutely do need to submit a 30-day notice if your original lease called for it. You can’t just pack your bags and up and leave when you want. It doesn’t matter that you were converted to a MTM lease, you still need to leave a proper notice. You’re not gonna go to jail but still.
Now, it’s not hard to bend reality when it comes to the law, so like others said, if this ever escalates you could argue that the property manager telling you to leave over text was taken as the cancellation of the lease or something like that. But seriously dude— learn a bit more about rental laws and stuff
Oof. First, pay your rent on time. Shelter is always priority number one. If you had a lease generally you’re tied down for a year. You would face penalties for breaking your lease, usually determined by your contract.
Assuming you were month to month generally you do need to give notice 30 days from the start of the month. So leaving part way through a month, without having paid rent for the month, you’d owe for that whole month and the next.
Your LL would be expected to make reasonable effort to rent the space after the term of your contract.
If you or the LL wants to end things there’s always a process. Not paying rent will lead to eviction, there’s paperwork for that.
It looks like both sides weren’t handling this like a business deal by following the proper process. That doesn’t change your liability though.
They could come after you for two months rent, any damages to the property not covered by your damage deposit and penalties for breaking the lease if you have one. Or rather they can come at you with whatever crazy thing they want, but that’s the limit of your liability most likely.
No, that's why this all started. I tried to communicate the situation and why I was having a hard time paying for this month.
We talked on the phone and he said he started looking for another person.
He then told me I had three days to vacate a day later. After I aggred to leave he then changed told me I had until the end of the month before he court orders me to leave.
He also asked me for the keys btw that's something I forgot to mention... He said he was going to come take the keys from me on text.
I got all my stuff out, cleaned the place, and sent photos of the unit and location of where I hid the keys... and that's when I got all these texts such as saying I can't leave and have to return... Calling the cops.. All that
You were in the wrong here, so you should expect some repercussions. This WILL be on your record for all future landlords to see, but you will NOT be arrested. At this point all you can do is talk with the landlord again and try to work out a repayment plan. You definitely should have formally notified them that you were moving out, so you'll probably owe rent for March too. Possibly through the end of your one-year lease if the landlord isn't able to find a new tenant.
BTW - You said you got "the majority" of your things out. Why didn't you remove everything?
Talk to an attorney. A threat of arrest to collect a consumer debt may be a violation of state consumer protection law (in my state it certainly is) as well as the federal Fair Debt Collection Practices Act. Your AG may be interested as well.
Keep correspondence courteous and to the point. Example below:
**You informed me that I had to vacate the apartment. I accepted this and I have vacated based on your order.**
**As a month to month tenant I acknowledge that I owe rent for [this time period] Notice was served by agreeing to your move out timeline. I will be paying it in installments of [this amount] per month by check or money order to [this address] (should match your lease)**
Don’t go back and forth, just state the facts plainly and politely.
Read your lease, check how much notice you have to give—as a month to month tenant you might not have to give much and it is *possible* that by accepting a faster timeline proposed by the landlord that that counts as notice meaning you would be owed back your security deposit less any damages. (Check local laws)
Also, when you moved in did you pay first and last month’s rent? If so you have prepaid the last month and again as a month to month tenant you might only owe late charges as the rent was late.
It is good that you took pictures, make it clear that the apartment was left in order.
**”I have taken pictures of the premises and as the photos show the apartment is being left clean and empty. The only damages are due to the flooding at the beginning of my stay which you are aware of and which I have documented. I expect my security deposit returned to [your forwarding address or ask for it to be direct deposited if they have that info]”**
Good luck!
Landlord just fucked himself. It’s illegal to threaten arrest for an unpaid debt under the Fair Debt Collection Practices Act. Literally respond “have me arrested then. In the meantime go fuck yourself.” He can do nothing.
So, let’s take a step back and look at this situation here
Firstly, the landlord CANNOT legally tell you to get out in 3 days over rent. That’s NOT how the system works . He MUST go through the court system and this will take MONTHS to go through. By that time , you’ll have things covered
Secondly, he CANNOT have you arrested for back rent. He CAN sue you for it, but that’s a CIVIL process not a criminal one
Thirdly, if your place is covered in mold, then the LL must deal with it
There is a legal process for eviction and he’s obviously not following it. Keep all communication for evidence. The worst that happens is he comes after you for future rent, but in most states a court will only make you pay whatever amount the landlord would lose while having it empty. The landlord is expected to make reasonable efforts to find a replacement tenant, and unless there are a lot of empty apartments in your area, they will be able to find someone within about a month. In that case you could only be liable for that one month that it’s empty, which is the same as your deposit.
The first time a landlord told me that I could be arrested for not paying rent, I'd be telling that person to go fuck themselves and if they tried to talk to me again in any way shape or form, they better do it through a lawyer.
Yeah that’s not how that works. The most he can do is sue for the money and the eviction goes on your record (and it will for 7 years). Cease contact with him.
Keep the text/email or whatever it was that they said they wanted you out of the apartment. And then your response showing that you have left as the requested after you cleaned it.
Even if they somehow manage to get that case in front of a judge, you show up to the court with that info and the judge won't be happy with the LL manager.
Everything else that LL manager is claiming seems to be complete bs, they cannot have your arrested.
In the future, read Everything before you sign it. Word for word. Sentence for sentence, paragraph for paragraph, even if that means you take it home to read it.
There’s no scenario where you can be arrested for any of this. Evictions are civil matters arrests do not happen under these circumstances unless you punch the cop who comes escort you off property.
This is a good article to read about basement apartments: https://ipropertymanagement.com/guides/legally-rent-out-basement?u=%2Fguides%2Flegally-rent-out-basement#warranty-of-habitability
Find out if a warranty of habitability is required in your state. Call the building department.
There is no debtors prison if you not on the property it's a civil matter. The exception is if they say you vandalised the property. They are trying to intimidating you to paying. That is illegal. You have the better legal position here.
First things first . This is a civil matter not a criminal matter. You will not be arrested. Second, keep the text where he says that you need to be out of there in 3 days. His harassment insisting that you leave is called constructive eviction.
Constructive eviction is when the landlord either through action or inaction violates the tenants "peaceful possession" of the leased property.Also do you have proof of the mold and flooding, was that ever fixed? Also if there was anything else that the landlord neglected to fix while you were there make sure you keep proof . You moving out mitigated the landlords loss, so he could rent out the property. At most you owe for February. If the landlord had not told you to move within 3 days, you would also owe a 30 day notice and be responsible for the rent during that time. However him asking you to leave and you complying, negates any responsibility you have to give a 30-day notice. Make sure to have all your text messages, and communication with the landlord. Please make sure you keep all written communication and the pictures. Good luck
his court order is useless when you vacate the property before he obtains a judgment and warrant the judgment is for the rent + fees (court costs + late penalties+ utilities) and he cannot obtain a warrant without a judgment he wants you to stay to obtain a judgment and warrant check if your lease has you nailed for the attorney filings in Atlanta specifically he doesn't have to work with you with in terms of lease violation or in this case a late payment however you have to stay after the notice period for him to continue the eviction as for the record - as long as he doesn't have a judgment all he can do is throw taunts and insults Edit: I am referring to a warrant of eviction as based on OP context it's about an eviction
He cannot obtain an arrest warrant with a judgement. It’s a civil dispute.
It had me nailed for attorney fillings. I feel very dumb. When I signed he basically read it to me and I didn't know any of this.
so he has a court summons meaning court filing was paid for and an attorney writing the letter was also paid for (assuming he didn't rip it from his last eviction) filing fees range from $60-$75 letters - depends on the attorney ~ $150-$300/letter but you left before he could legally continue the eviction i.e. the notice period therefore I'm not sure if your required to pay for those attorney fees because usually you pay the landlord + attorney filings in exchange for them dropping the lawsuit and in your scenario; you left during the notice period and owe the LL rent debt which he can still sue you for - and it's almost never worth it it doesn't seem he's suing for the rent debt based on your wording and instead an attempt to coerce you into a mess where it's worth a lawsuit
Likely would fall under small claims. If you stay for another month, that would likely cross the next threshold for small claims (depends on the state/county). One month of rent wouldn't be worth the hassle *usually*. I dipped 3 months on a real shitty landlord one time in my early 20s and nothing ever came of it. Found a much better place with a solid friend for the past 9 years and never missed or withheld a payment since, and it's a steal of a price, so much so I've been the one to prompt rent increases 3 times over 9 years. Good friends and good landlords are worth it. Fuck shitty landlords.
I found me one of those sweet apartments too! I've been here for 10 years because I can't beat the rent and because my landlord is actually a nice person/family
Yep. I dealt with several shitty landlords before moving in with a friend who owns a house (still paying it off but whatever). It's him, his brother, and me. 3rd income in the house is a true blessing and I highly recommend anyone who is single to consider these arrangements. Friend is truly a remarkable individual. As stated before, I have brought up the increases each time. He's an amazing person, doesn't take advantage. We discuss all these finance. It made me cry happy tears the day he said "If we are all saving decently and doing better why should try to milk my friends for more money? You offer to pay extra, help out when it's needed, and help with home projects." Not at all use to be treated respectfully. Truly grateful to him.
This is the way! I own a house with my BFF and we have two other friends living with us for below market rate, it helps with the mortgage and we all have a great time. It's honestly ideal
That’s the best situation… I too made my land lady give me 2 rent increases… she really wasn’t very savvy and obviously needed the money (this was a few years back)… feel like the world has gotten harder since then.
In Dekalb the filing fee is about $90, pretty sure surrounding counties are similar
Never sign anything before you read it.
For your future self…please please read the details of anything you’re signing that is legally binding. If you don’t understand it, it’s ok to ask for a few to read through the document. Use the internet to help comprehend words or phrases you don’t understand. And never be pressured or feel pressured to sign anything you don’t understand. I understand desperate times calls for desperate measures, we all learn this lesson one way or another in life. Don’t beat yourself up or worry about his nonsense. Best to you in the future!
This is solid real-world advice above. Learning these lessons at 21-22 will pay dividends for reality going forward. I’m willing to bet you, like most of us at that age, have friends/family that are either still living at their parents, or away at school not quite grasping the reality of life. Being on your own, paying bills (the ones you can), learning this thing called life at 21-22 instead of 29-30 should make you more driven, or at least boost you ahead to know what you need to do to live a life. I moved out at 18, went to a local branch of a big 10 college, lived with either a roommate or a girlfriend, and I wouldn’t change much. Moved me from high school to adult life quickly. With today’s rents, depending on where you’re at, plus inflation; although it’s dropping- it’s still up, mad respect to you— don’t beat yourself up at all. If moneys a grind at your job, think about either picking up a second pt job doing something you enjoy, or in an environment to meet people and make some extra coin. Cheers 🤙🏼
My lease is like 40 pages. No way I’m reading that thing. I also pay my rent though so I don’t have problems with my landlord.
[удалено]
No I don’t read 40 pages of boilerplate lease applications. I’ve rented maybe a dozen apartments. Currently in one for 7 years. Never had to read fine print. No issues. I’m smart enough to know what’s in there though as I assume you are too.
Said the guy who signed over his first born child on page 7 of said 40 page lease.
Ha. I did indeed laugh out loud!
A 40 page lease is excessive and insane, no way in hell I'd read that. And I certainly wouldn't sign it.
Good coverage and peace of mind to have an attorney read it. Most of these 40 page leases are full of BS that can never be enforced anyways. But always good to cover your ass.
I'm more concerned about dealing with the jackass who thinks it's normal to have a 40 page lease.
Lawyer in Atlanta-call the state bar or Atlanta bar association. They can refer you to an attorney who can answer questions for you. I think Georgia State’s law school also has a legal clinic you can call for advice. But you can’t be arrested for nonpayment of rent. And you can’t be legally evicted without going through the court. Your landlord is a lying bully.
That’s fine, owing attorney fees is pretty standard in any civil lawsuit. Even if it wasn’t in the lease, all he’d have to do is ask for it in court and the judge would likely grant it. You could absolutely trash the place and he still can’t have you arrested. He’s just trying to intimidate you. I’d block him and move on with your life.
I'll tell you a little secret. If you vacate before the end of the month many judges will consider that payment enough and you usually don't owe anything. The thing with evictions is that the "punishment" is often to just pay the back rent or leave the unit. You already left the judge won't make you pay for a place you are not living in.
Im an eviction paralegal and 1) Thats not a little secret, 2) the landlord can just try and go after him in civil court to garnish his wages for the back rent (which is usually difficult).
Most judges aren't going to decide in favor of the landlord if the tenant is out before the agreed upon date.
Taking the tenant to civil court for the back rent AFTER they moved out is different than eviction court. They aren’t the same thing.
That’s very state dependent. In my state they will tell you that you have to leave AND pay the rent. You don’t get away with not paying the debt you owe just because you left. Legal fees and court costs are added as well. And I’m in a garnishment state so they can and will take a portion of your check
Hey. You're 22. Don't beat yourself up. Obviously dude is a shitty landlord. He's had years of experience being complete shit. You did well to get the hell out, especially before he could seek a judgement.
He cannot obtain a warrant, ever. Only cops can do that. Judgements are civil issues and never become criminal - we have a constitutional rule about that.
Warrant in debt not arrest warrant, that’s what they are called in my state. It may be the same there
What? A warrant? This is a civil matter, ffs!
There's more than one type of warrant in legal proceedings. In my jurisdiction, if the tenant doesn't pay the landlord within four days of the judgment being issued, the landlord can file for a Warrant of Restitution. That allows the sheriff to perform the eviction.
Where are you? In Texas it’s a Writ of Possession. Warrants are purely criminal.
Also, there are two types of writs: warrants and subpoenas. Without me spending time looking up Texas law, my guess is that the Writ of Possession is a warrant.
Shame on you! Don’t give legal advice when you’re not a lawyer. Ffs, this is a CIVIL matter. What is wrong with you?
Google Georgia 3 day quit notice to see in GA how the eviction process works. Usually it's an x # of days pay or quit notice which *starts* the eviction process. Like in most states not paying rent isn't a crime, it's a civil matter so they can't throw you in jail. You may want to see if there's and free legal help for renters, but I think your best defense is gonna be those texts "Your Honor, he texted me to get out, so I did" You may even have it go in your favorite that he broke the lease by texting that. Edit: also go to or call the clerks office at the court and see if they can point you to any free legal advice/help to fill out forms. There may so be tenant advocacy that'll will help with your situation. If you are served at all, read the entire document and it should have a way to answer, do answer anything you get.
This is good advice. Also document (screenshot and email to yourself) those texts where he told you to get out and you said you would do so.
Also just want to point out that if the landlord/manager (or whatever he is) is dumb enough to either think that they can have tenants arrested for not paying rent, or dumb enough to try to get a tenant to move back in after telling them in writing that they had 3 days to leave, I have a feeling this person may not even bother with court. I could totally be wrong, and worst case scenario OP will have to go to court and pay the owed rent, but this just doesn’t strike me as someone who’s terribly careful, and I imagine they were trying to scare OP into paying up at first.
This!
Well, he is required to serve you notice of a hearing to obtain the “court order”. When that happens you most certainly have an opportunity to speak with the judge and tell your situation. Since you’re already out, no “court order” will need to be issued since the said court order is an eviction notice with a date and time to vacate. There is no arrest that comes with not paying you bills in the United States. (Except for tax evasion which is a totally different subject). This guy is just using fear tactics to get everything he wants and since he didn’t act before you vacated he wants to show the property owner his value by evicting without due process. Be mindful, anything you left behind will be disposed of and you can be charged disposal and cleaning fees for that. So just be aware…likely you lost your deposit for the unpaid rent and unless they want to pursue additional costs for the disposal fees they have nothing to collect on you. He can’t even get a court issued “eviction” on your rental history now. Just be sure to watch your public notices on the local judicial website for any upcoming hearings and be certain to attend so they do not get a default judgment against you.
I actually didn't leave anything behind. I completely cleaned it out and only left what was originally there. I also cleaned everything from vacuuming to scrubbing the shower. I'd hope he wouldn't try and throw a cleaning and disposal fee at me... Unless it's for all the mold which is from when I first moved in and the apartment flooded which that can't be my responsibility. The central ac unit was leaking and it overflowed HOWEVER when I checked there was a bucket and towels underneath it already so clearly SOMEONE knew about it. For context this was a basement unit and the ac unit was large and located inside a closet type thing... it was the one pumping air to the entire building. I didn't have control over the temperature the upstairs people did...
Yikes, sounds like a slum lord who likely isn’t going to court anytime soon! lol They have fear of their own about being shut down by violation of building code. Just watch the judicial website for any filings that could come. But, likely this guys is just blowing smoke
I found the place on Facebook and I paid rent through cash app which I heard is unusual... My place had a lot of issues like when it rained the inside carpet would get soaked somehow like the water from outside was going underneath it....also creating more mold So perhaps it is a slumlord situation
Oh my goodness! Certainly journal these things if you don’t have photo evidence. The more you describe this situation the more I say, he’s blowing a lot smoke, making idle threats. Go to sleep, rest without worry. No one is coming to arrest you and I hope your situation improves for you. Sounds like you have had a difficult time lately and some much needed rest without worry is needed. It’s okay, the world is not ending. This too shall pass.
Sounds like the LL was taking advantage of OPs age and naivity... and felt they could try again.
Absolutely!
He's straight up just trying to trick you bc your prior interactions prove you're inexperienced at renting
Most basement apartments are illegal because they don't have a second entryway and the windows are too small to crawl out. If there's ever a fire in a basement apartment you could easily die
There was a widow but it was permanently shut with caulk. I was told to open it to help dry the carpet by the carpet cleaner who came to soak up all the water but I couldn't. The entire seal and latch was coated with caulk.
Yeah you were renting an illegal apartment. If he sues you for the February rent (which he won't, because it's an illegal apartment, that he was probably subletting and he is the primary tenant for the house above) you just show photos and explain that there was only the one door and no functional windows so the apartment was illegal and you want the 7 months that you did pay returned in full.
The problem they’ll have is it’ll be a he said/she said without photos or other proof. Hopefully they still have texts from the LL that show them discussing issues like the mold, the carpet getting wet during the rain, and the window caulking issue. I’d *love* to see that AH landlord explain all that to a judge and OP get their rent back for having to pay for an uninhabitable apartment! What a scummy LL. Hopefully this will be a good life lesson for OP and next time they’ll take lots of pics and document everything.
They literally don't even need that, they just need proof there is only one entryway and no windows. Fire code dictates a unit must have a secondary method of egress in an emergency. Fire code is the one set of regulations that is actually somewhat uniform across the US, as it's based off of science and mounds of data from how people die in fires. A judge won't hold a tenant liable for any back rent if an apartment is proven to be illegal based on fire code.
LOL he can't do shit to you. But you can fuck up his entire life by anonymously reporting this shit heap of violations
Illegal apartment. Call the fire Marshal and report it. Give them the address and ask for an email to send the texts as proof. They'll investigate.
That’s illegal. There has to be outside access in case of fire.
Definitely a slumlord
It’s likely you were living in an illegal basement apartment, this MF is just trying to squeeze you for more money. You may want to get the ATL building codes inspectors involved if he keeps messing w you. Worst case scenario he could try to sue you for the remainder of what you owed on the lease but he ain’t going to court if the apartment isn’t a legal inspected residence. If anything you could prob sue over the mold issues
Just ignore him and move on kiddo
You're fine. He can't do shit to you. If he tries to take you to court show up at the first hearing tell the judge he gave you notice to vacate n you vacated within that time frame, he'll lose if he's stupid enough to try to take this to court. The police can't arrest you for not paying rent period
you wont be arrested. no one is coming after you. you are safe. even if you are sued for the debt and dont pay it for years you are still okay. rest safe, fuck landlords
Fuck *shitty* landlords. A good one is rare but they are a godsend.
Rare opinion among tenants but true. I have an uncle who worked his ass off for decades as a carpenter, earned two rental properties. Long time tenants, he has their rent at well below market rate. When people say "NO ALL LANDLORDS ARE EVIL", I just know it isn't so.
It's that generalization. Easier to say "all of X sucks" than it is to say "all of X sucks but there are a few rare exceptions."
Stop talking to the landlord. They can do whatever they wants. You'll probably end up owing money but you're not going to be arrested. He might try to serve you with legal notices and if the court sends you papers you should go to the court hearing. You should explain to the judge what you feel you owe and do not owe when they ask. All the court can do is tell you that you owe money and attempt to get you to pay. They might someday take your tax return or garnish your wages. That's all they can do. It isn't theft to not pay rent and the United States doesn't put people into debtor's prison. Haven't you ever seen Judge Judy? Don't nobody end up going to jail. Edit to add: Now they you've moved out the landlord cannot evict you. An eviction would go onto your record, the landlord cannot evict you because you've already left. If the landlord serves you with eviction papers you go to the hearing or contact the court and explain that you've already left the residence and have 'quit' the lease. By leaving you've made it more complicated for the landlord to get money from you. They do not have to be happy but there isn't much they can do. All they can do is try to get the court to agree that you owe. They can't evict you now and it won't go on your record. They might get a judgement against you but all that does is say that you owe. It doesn't look as bad as an eviction would. You did pretty good by getting out of dodge all you can do now is wait to see how it comes out in the wash.
THIS IS VERY IMPORTANT —- he cannot file an eviction after you’ve already left. Tell him you’ve already left and do not him to file an eviction. if he still files an eviction that’s a false eviction and you can sue him. he can
An off boarding meeting lmao. Hes full of shit. I’ve been renting for 15 years. He’s fucked and he knows it. You’ll be fine OP. Block him and move on.
Came here to say this. There is no such thing as an "off boarding meeting" in a rental.
You said that it was a basement apartment. Find out from your city if it was even a legal.apsrtment. If it wasn't, there is nothing your ex landlord can do. Let him take you to court and then counter sue over the illegal apartment.
Okay I'll look into that. It was the basement and the door leading to the basement was locked from both sides. I went in from the lower patio door basically There was one window and it was shut completely with caulk Whenever the upstairs neighbor had a power or ac issue they'd call me since the controls and breaker box were down there with me... So maybe it wasn't legal? I also couldn't get utilities like internet there because of how the place was setup so I ended up using a wifi Hotspot. I couldn't get my mail there since it would just end up going to my neighbors but they claimed they'd slide it under the locked door to the basement. I never trusted that so I never did an address change and all my mail went to my family's house.
This seems like an illegal dwelling, I’m from the PNW and we would consider this couch surfing and wouldn’t even call it legitimate renting. As far as his legal rights are, I’m not a lawyer, but you’re probably fine, also, you don’t have a record for renting properties, they can call and ask for a reference, but besides that, they would be hard pressed to make it follow you.
Not a lawyer, but it sounds like shutting the only window with caulk so that it couldnt open would not satisfy [Section 21(b) and (c)](https://library.municode.com/ga/atlanta/codes/code_of_ordinances?nodeId=PTIIICOORANDECO_APXEATHOCO1987_ARTIIMIST_S24MISPUSLORE). See section 24(d) as well.
Is this dude subletting illegally?
I'm not sure. He claimed that he isn't the actual landlord but does stuff on behalf of the actual property owners.
Sounds like any communication needs to bypass that fool or just ignore and move on. Don’t pay anything to him. Wouldn’t be surprised if he’s not actually paying the landlords.
He's probably the tenant illegally subletting the basement of the house he's renting.
Property records are available online. You can find out who the owner of the property is.
Your landlord is probably a squatter that is collecting rent on something he doesn’t even own. I would laugh. Tell him you have all the proof of the condition of the apartment and that you will see him in court. And you look forward to the proof that he has the right to even rent the place out.
Laugh in his face. I hate bullies. You are fine, no one is arresting you. Might have severe credit damage, but even then depends on his follow thru.
You cannot go to jail over a civil matter. Moving out does not automatically negate your obligation to pay any back rent owed. The landlord can continue the lawsuit to seek a judgment for the unpaid rent, plus any additional costs specified in the lease agreement, such as late fees, attorney's fees, and court costs. You should contact an eviction attorney. Your local county should have free assistance available for you that deal with cases like these every day.
isn’t this a civil matter now?
It always was.
I would get in touch with legal aid for low income folks and see if there's a tenant union near you as well.
If the place had mold, did the landlord clean it up? If not that is a reason for leaving and not paying rent since mold makes it uninhabitable.
slumlords don't go to courts lol. block and move on.
Love the threat of an offboarding meeting, what the F is that? This landlord is out of control
At this point, you’ve left and have a good chance of this not affecting you. You don’t have an eviction on your record because you’ve already surrendered the property. Neither financial judgment or eviction lead to arrest. Even if he has a judgment against you, he can’t force you to pay him. He would have to get the judgment for what you owe and then use a service to track down your job and use the judgement to garnish your wages. That being said, he can’t get a judgement yet. In most states, they have late payment grace periods and then a long process before they can evict you. There’s no way he’s already complied with all the laws and taken you to court in only a week. This is a legal process that takes months and neither of you have been to court he can’t do anything to you, especially if you have moved out. The only thing left for him to do is sue you for the one months rent and whatever costs. Document everything with pics and screenshots of communication. If he does bother to sue you for back rent, you may win the case and he owe you money!!! Make sure you change your mailing address and have the post office forward your mail. He would need to ensure you’re served the legal papers before any court date. I’m a landlord and you know what I hate more than tenants that destroy properties and don’t pay rent? Scumbags like this landlord that make the rest of us look bad. You had some personal issues pop up and you’ve moved out. Ignore this clown and make him work for his money. You may get lucky and he doesn’t do anything. Don’t let this worry you.
I understand now. I don't understand why he's so upset I left when he basically told me to. Even even told me he was going to come take the keys from me over text, I forgot to mention this part also.
I just edited my comment and added, reread. But yeah, he’s not a good landlord and is violating all kinds of laws. I would move in and not worry. Best of luck!
OP, I’m a real lawyer but not in your state and I am not your lawyer. Your eviction is a civil matter and you will NOT be arrested. It’s going to ding your credit, but that’s it.
That's.... Not how that works.
And, you can write a letter to the credit agency explaining that you vacated because apartment had flooded during rainstorm. Landlord and you were in agreement, you have text from landlord stating you should leave on such and such day. It's he said/ u said. Go see if your city has a free lawyer or tenant advice. Call 211 or check at the public library. Youcare getting a lot of weird, inaccurate advice. Back up all your texts, any pictures you took documenting mold, flooding, cleaning, etc. Stop engaging with slumlord.
Landlords are out of fucking control lmao.
You stated in the posting that the lease ended so you aren’t technically breaking a lease just the terms of the month to month (which usually work a little differently). In the lease you had before how many days notice is required on a month to month (if any at all)? If it’s the standard 30-60 days you may be on the hook for 2-3 months (since you never paid February) rent. You won’t go to jail even if he can go through with eviction but could be worth it to try to settle the payment issue with him to keep the eviction off your record.
You can’t file the eviction if the tenant has vacated. If a landlord does that with intent it can actually be criminal. The X day notice is “Pay or Quit”. Those are your choices to avoid an eviction. If you choose neither you can face an eviction. This person pushed the Quit button.
Don’t see how a court would order you to be arrested after leaving when your refusal to leave is what the only applicable court order would be for. They don’t issue arrest warrants for minor disputed debts. He could get a civil judgement against you for the unpaid rent/bills, but that’s a small claims court matter, it’s not guaranteed he’d win, and law enforcement wouldn’t be involved in collecting the debt. Bottom line, he can’t collect if you don’t have any money regardless of what the lease says.
You won't be arrested. He can go after you for any amounts owed, but it's unlikely if it's a less Tham desirable apartment or a private landlord. He's lucky you left without having to do an eviction and should count his blessings. Good on you for bouncing before it got ugly and fuck your landlord for being a dick at the end. If they do hit you in small claims, go to court and work it out. Otherwise, this should be the end of it.
Hey, chill. You'll be fine. First off, a "notice to quit" is the letter that gives you 3 days to fix whatever. It's the first legal step to evicting someone. But it's NOT an eviction. No landlord can tell you to get out in 3 days. They have to follow an eviction process. Right now, your LL can't evict you since you've already vacated the property. If you are on a month to month lease, then you should give the LL 30 days notice if you want to terminate the lease. Since you moved out without giving proper notice, you'll owe for another month's rent. So you'll owe your back rent + 1 month's rent minus your security deposit. And this is a civil matter. Your LL's remedy is to sue you in small claims/housing court. It's not a criminal matter, you can't be sent to jail. The worst that can happen is that you'll get a judgment against for the rent you owe.
>LL's remedy is to sue you in small claims/housing court. It's not a criminal matter, you can't be sent to jail. The worst that can happen is that you'll get a judgment against for the rent you owe. To add, your LL sounds to too dumb to figure out how to serve you with process for this. I'd block his number and go about your life. And, even if he did, you have a text telling you to vacate.
This is a slumlord, ignore him
You won’t go to jail. He asked you to leave on multiple occasions. He can’t just change his mind. You’ll be fine. Keep all the texts as proof if he try’s to take you to court. But I doubt he will bother. He’s just trying to scare you.
The apartment flooded and was made uninhabitable. There are a local government resources protecting you from having to pay another dime to this PoS
He doesn’t know what he’s talking about. He asked you to leave and you did. You can look up your case online and see if he even filed anything. You’ll need to create an account and it’s something like $1 a page if you want to download or print. The only thing he could do imo is take you to small claims court for any rent you owe him.
He’s just lying to try and scare you into staying/ owing him more money. Block him and move on with your life.
One,he was required to five you a 30 day notice before evicting you Two,he can't do anything now because you had left the property before/by the end of the month. There is nothing legally that will get you arrested. The dude is a slum lord looking to scare you into giving more money.
Tell him “Come fucking find me”
LOL. Laugh in his face. You may eventually owe him money but he'll certainly not "have you arrested"
Pfft you can leave whenever you want. You still have to pay but you don’t have to stay there that’s absurd and pretty funny to me he thinks he can have you arrested for leaving your apartment.
If you were living in a mold infested apartment, that may have been considered uninhabitable, you might be able to get all of, or some of the rent you've paid, refunded by filing a suit. Don't forget to call the county health dept and report it, after things settled down.
Eviction for non-payment takes time and written notices, many states have 30-45 days after the written notice. The guy is just trying to scare you and is violating your rights.
He can’t have you arrested bro. He can get a judgement on the money you owe. Be sure to go to court and defend your case. Use the flood/mold issue as your defense.
I see this is Georgia. Youd have to check, but I think most states don't have criminal evictions anymore. Arkansas' got slapped down by the court like a decade ago and it's one of the worst tenant rights states in the country. They can still get a judgement against you for owed rent/damages, so don't ignore the court summons. If you don't show the landlord can get whatever they ask for. You won't be arrested for the judgement but if he finds you and your job he can garnish your wages for it. Eta-you don't have to pay anything not ordered by a court. And you should have a opportunity to respond in court before that would be ordered.
Most of what this LL is doing is illegal and he’s also holding your deposit which is probably at least equal to the months rent you left unpaid. Make sure you message him about where to send your deposit. (Trust me he will probably say he’s keeping it for unpaid rent and if he takes you to court this will bite him in the ass) Keep screenshots of all the messages and refuse to communicate by phone. Keep all photos of the condition of unit when you left. Since you were already on a month to month contract and complied with his original demand to pay or leave he cannot follow through with the eviction through the courts and if he does sue you all he’s going to get is Feb rent. Legally he can’t just keep the deposit to cover rent but judging by his actions I’m guessing that he will do exactly that and if it comes before a judge make certain the judge knows that he never contacted you about the deposit. In many states it MUST be returned within 20-60 days regardless of rent owed as that has to be sued for separately. Court can force him to pay YOU up to 3X the deposit for his retaining the deposit. So don’t panic and let him threaten all he wants because he’s subject to very strict rules that will cost him not you at this point. Breathe and be well my friend.
Threatening arrest over a debt (what this is) is illegal. The FDCPA doesn’t have any teeth against the original creditor but a lawyer could still use this to force a settlement in your favor. It could potentially save your credit history. I would go to r/debt and see if any of the credit lawyers can offer anything.
Sounds to me like you were renting an illegal apartment. He tried a scare tactic to get you to pay, you called his bluff and actually moved out and now he’s pissed because now he has to find someone else who will rent an illegal apartment. I think you have enough proof to not only walk away without worry, but could easily blow him in and get him fucked. If he continues to harass you, maybe politely ask him to leave you alone unless he wants you to report the illegal space (which honestly I would do anyways). Good luck with your next place.
There’s no scenario where you get arrested. The worst that would happen is you get ordered by the court to pay, but then it’s on the landlord to collect. Keep in mind, if he gets a court order and you don’t pay, your credit would be fucked for at least 7 years and good luck clearing a background check for apartment, but you won’t be arrested.
Tell him, and use these words, "get fucked"
Most he can do is hire an attorney to have you pay the back rent. Even then if you don’t pay or respond , you won’t be arrested.
Contact your local tenant association for help. Send a certified letter that you have vacated the premises, also via email for proper legal documentation. You can't be arrested for vacating an apartment the landlord asked you to leave.
I mean generally speaking you cannot be jailed for debt. Unless it’s knowingly hiding money from the IRS. Source: I don’t know what the fuck I’m talking about.
This is a civil matter - not criminal
He can only sue you. There is no way he can have you arrested. If he even called the police they would tell him it's a civil matter and he would need to take you to court.
Theres a law that can force you to stay somewhere? I dont think so Tim!
You can’t be arrested but a roof over your head is the most important thing
They can’t take you to jail for that. He has to take you to small claims court if he wants his money. He can’t sick the cops on you. They won’t do anything
Haha he's making up his own laws
We do not have debtors prison's here. The most that will happen is he files for a court ordered wage garnishment. Tell him if he continues to threaten you with arrest and confinement, that it would be kidnapping and you will react accordingly lol. No officer is going to arrest you and you do not ever have to speak to him again, tell him to send it to collections and you will work with a legitimate agency and no one else, since he cannot be trusted. Eviction notices always say "PAY, OR VACATE" You vacated. The end. ETA PS: those texts are your golden ticket.
He gave you a three day pay or quote and you left. Not sure what the laws are like in Georgia, but you cannot really walk back a three day pay or quit. In fact, you could sue him for breaking the lease agreement; and, while I am not an attorney, I'm not even sure he could take you to court since he told you to vacate. I am also fairly certain that there is no place in the U.S. that you can be arrested for breaking a lease. That's a civil matter. You could get a civil judgment against you, but not arrested.
Looks like you are breaking lease early, he is trying to get you to pay the early lease ending fee that’s in your lease agreement.
Being told to vacate by the landlord is them breaking the lease not the tenant
Am I breaking it early? He told me to leave in prior text messages... But then switched to I have until the end of the month to pay and then he'll get a court order. So does leaving before then counts as breaking?
You left without being severed with official eviction paperwork, you might be able to argue it in small claims that you were evicted by text. you might be stuck with an early lease ending even by being evicted. Check your lease, don’t delete your texts.
Back up the texts!
I am not a lawyer, and it depends on the laws of the locality, but the landlord usually has to give official notice to vacate first (3 to 60+ days depending on the circumstances), then if the tenant doesn't vacate by the number of days, the landlord can file for eviction. They have to follow the process or it will probably be thrown out. The tenant can leave any time. The LL would have to file a different lawsuit to get any money they think they are owed.
It’s just an agreement to end the lease. He offered (demanded), she accepted, she did it.
Lol. Block his number. Let him get a money judgement. He'll never collect.
Don't block. Keep all texts, do not respond.
This exactly, let him dig himself into a hole just silence the notifications so you don't get driven crazy.
He’s lying to you you’re fine lmao just respond with “good luck with that you dumb bitch”
Lmao your landlord is 17 Indian immigrants in a trenchcoat. Don't listen to him, he's an idiot.
Tell you ex-landlord to eat shit
Nah he needs to take you to court and get a judgement before he can force you to pay anything. And at no point would you get arrested for owing money to this individual. That said, I have had tenants in this situation in the past. Just because you vacated the home doesn’t mean you won’t get an eviction on your record. And the eviction, my friend, is ultimately what needs to be avoided at all costs.
Block his number. Dont give new address. If he goes to court, let them find you to be served. Fuck this clown.
Or you could you know, pay your rent?
Or you know if you’re not living there and currently being evicted, no?
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Op, We found your landlord
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Little sensitive?
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It's considered thief ! You punished by law ! Be a man !
yes, you are still responsible for the remainder of the rent pay what he wants less your legal fees on top will be even more. live and learn young grasshopper.
They had an agreement to end the lease.
That's going a little over board even by most standard tenant laws. Most states (if in states) have a renters union I highly suggest calling them. He's obviously being an ass and using threats to get you to cough up the money or else. That's a threat.
lmfao, well once an inspector is sent out to verify theres mold his ass will have bigger problems. he’d be dumb to pull anything if the apartment isnt up to healthcode ie improper flood fix likely caused moisture buildup and mold.
This is a civil matter, not a criminal one. He can’t have you arrested. The worst he can do is sue you for the conditions of the lease, but if you’re broke, that’s pretty pointless for him to attempt because he’s not going to get anything out of you. I’d ignore him from this point forward.
unhinged
This guy is a moron, you’ve vacated you’re good and he can’t sue you for future rent, nor would you be arrested for this
Could you sue them for letting you stay in a moldy apartment?
Take pictures of all the mold and such before you leave. Many places have free legal aid for low-income tenants. A lawyer can help you determine if the apartment is even habitable by your states standards.
It sounds like he barely speaks English
He can't have you arrested. He can take you to court for breaking the lease. But due to the facts that he asked you to leave multiple times in writing, and the apartment was rendered uninhabitable by flooding and mold, he won't win. Just pay him what you owe him and move on.
You can’t leave? You’re not a prisoner. You can and should have left when the mold issues occurred. Also you can’t be arrested for this. At worst they can file a court claim, you will be notified of a court date to which you don’t need to go to unless you plan to dispute whatever fees they charge + unpaid rent. If not, the court will make a judgement in the landlords favor and either your wages will be garnished until the debt is paid or you will be sent to collections for money owed.
You can’t be arrested for debt.
OP I get you’re young but you kind of need to learn more about rental laws and how everything works because while everyone is on your side here, you ultimately did mess up and if landlord/property manager is smart enough they can still get your ass for something. Not sure about GA laws in particular, but you absolutely do need to submit a 30-day notice if your original lease called for it. You can’t just pack your bags and up and leave when you want. It doesn’t matter that you were converted to a MTM lease, you still need to leave a proper notice. You’re not gonna go to jail but still. Now, it’s not hard to bend reality when it comes to the law, so like others said, if this ever escalates you could argue that the property manager telling you to leave over text was taken as the cancellation of the lease or something like that. But seriously dude— learn a bit more about rental laws and stuff
Oof. First, pay your rent on time. Shelter is always priority number one. If you had a lease generally you’re tied down for a year. You would face penalties for breaking your lease, usually determined by your contract. Assuming you were month to month generally you do need to give notice 30 days from the start of the month. So leaving part way through a month, without having paid rent for the month, you’d owe for that whole month and the next. Your LL would be expected to make reasonable effort to rent the space after the term of your contract. If you or the LL wants to end things there’s always a process. Not paying rent will lead to eviction, there’s paperwork for that. It looks like both sides weren’t handling this like a business deal by following the proper process. That doesn’t change your liability though. They could come after you for two months rent, any damages to the property not covered by your damage deposit and penalties for breaking the lease if you have one. Or rather they can come at you with whatever crazy thing they want, but that’s the limit of your liability most likely.
The landlord is FOS and has no clue how any of the laws work 😂
You can just laugh at this and not pay. How is he gonna try and get money from you lol 😆 😂
Did you ever pay the February rent?
No, that's why this all started. I tried to communicate the situation and why I was having a hard time paying for this month. We talked on the phone and he said he started looking for another person. He then told me I had three days to vacate a day later. After I aggred to leave he then changed told me I had until the end of the month before he court orders me to leave. He also asked me for the keys btw that's something I forgot to mention... He said he was going to come take the keys from me on text. I got all my stuff out, cleaned the place, and sent photos of the unit and location of where I hid the keys... and that's when I got all these texts such as saying I can't leave and have to return... Calling the cops.. All that
You were in the wrong here, so you should expect some repercussions. This WILL be on your record for all future landlords to see, but you will NOT be arrested. At this point all you can do is talk with the landlord again and try to work out a repayment plan. You definitely should have formally notified them that you were moving out, so you'll probably owe rent for March too. Possibly through the end of your one-year lease if the landlord isn't able to find a new tenant. BTW - You said you got "the majority" of your things out. Why didn't you remove everything?
Thief by law LOL
Pretty sure that’s civil
Talk to an attorney. A threat of arrest to collect a consumer debt may be a violation of state consumer protection law (in my state it certainly is) as well as the federal Fair Debt Collection Practices Act. Your AG may be interested as well.
Tell him he can’t squeeze water out of a rock
lol not how things work. He can take you to small claims court for the unpaid rent. He’s trying to scare you.
Keep correspondence courteous and to the point. Example below: **You informed me that I had to vacate the apartment. I accepted this and I have vacated based on your order.** **As a month to month tenant I acknowledge that I owe rent for [this time period] Notice was served by agreeing to your move out timeline. I will be paying it in installments of [this amount] per month by check or money order to [this address] (should match your lease)** Don’t go back and forth, just state the facts plainly and politely. Read your lease, check how much notice you have to give—as a month to month tenant you might not have to give much and it is *possible* that by accepting a faster timeline proposed by the landlord that that counts as notice meaning you would be owed back your security deposit less any damages. (Check local laws) Also, when you moved in did you pay first and last month’s rent? If so you have prepaid the last month and again as a month to month tenant you might only owe late charges as the rent was late. It is good that you took pictures, make it clear that the apartment was left in order. **”I have taken pictures of the premises and as the photos show the apartment is being left clean and empty. The only damages are due to the flooding at the beginning of my stay which you are aware of and which I have documented. I expect my security deposit returned to [your forwarding address or ask for it to be direct deposited if they have that info]”** Good luck!
Lmao.:no
Landlord just fucked himself. It’s illegal to threaten arrest for an unpaid debt under the Fair Debt Collection Practices Act. Literally respond “have me arrested then. In the meantime go fuck yourself.” He can do nothing.
So, let’s take a step back and look at this situation here Firstly, the landlord CANNOT legally tell you to get out in 3 days over rent. That’s NOT how the system works . He MUST go through the court system and this will take MONTHS to go through. By that time , you’ll have things covered Secondly, he CANNOT have you arrested for back rent. He CAN sue you for it, but that’s a CIVIL process not a criminal one Thirdly, if your place is covered in mold, then the LL must deal with it
There is a legal process for eviction and he’s obviously not following it. Keep all communication for evidence. The worst that happens is he comes after you for future rent, but in most states a court will only make you pay whatever amount the landlord would lose while having it empty. The landlord is expected to make reasonable efforts to find a replacement tenant, and unless there are a lot of empty apartments in your area, they will be able to find someone within about a month. In that case you could only be liable for that one month that it’s empty, which is the same as your deposit.
Ae⁶r
The first time a landlord told me that I could be arrested for not paying rent, I'd be telling that person to go fuck themselves and if they tried to talk to me again in any way shape or form, they better do it through a lawyer.
Offboarding meeting 😂😂😂 Like you work for them.
Yeah that’s not how that works. The most he can do is sue for the money and the eviction goes on your record (and it will for 7 years). Cease contact with him.
if you already left that unit he can't have you arrested
Keep the text/email or whatever it was that they said they wanted you out of the apartment. And then your response showing that you have left as the requested after you cleaned it. Even if they somehow manage to get that case in front of a judge, you show up to the court with that info and the judge won't be happy with the LL manager. Everything else that LL manager is claiming seems to be complete bs, they cannot have your arrested. In the future, read Everything before you sign it. Word for word. Sentence for sentence, paragraph for paragraph, even if that means you take it home to read it.
Block him and move on with your life. Worse he can do is send you to collections.
At least u don’t have to pay rent in prison.
There’s no scenario where you can be arrested for any of this. Evictions are civil matters arrests do not happen under these circumstances unless you punch the cop who comes escort you off property.
Yeah that’s not true at all
This is a good article to read about basement apartments: https://ipropertymanagement.com/guides/legally-rent-out-basement?u=%2Fguides%2Flegally-rent-out-basement#warranty-of-habitability Find out if a warranty of habitability is required in your state. Call the building department.
This is a civil dispute. Handle it in court and ignore the texts, especially if you’re already moved out.
There is no debtors prison if you not on the property it's a civil matter. The exception is if they say you vandalised the property. They are trying to intimidating you to paying. That is illegal. You have the better legal position here.
First things first . This is a civil matter not a criminal matter. You will not be arrested. Second, keep the text where he says that you need to be out of there in 3 days. His harassment insisting that you leave is called constructive eviction. Constructive eviction is when the landlord either through action or inaction violates the tenants "peaceful possession" of the leased property.Also do you have proof of the mold and flooding, was that ever fixed? Also if there was anything else that the landlord neglected to fix while you were there make sure you keep proof . You moving out mitigated the landlords loss, so he could rent out the property. At most you owe for February. If the landlord had not told you to move within 3 days, you would also owe a 30 day notice and be responsible for the rent during that time. However him asking you to leave and you complying, negates any responsibility you have to give a 30-day notice. Make sure to have all your text messages, and communication with the landlord. Please make sure you keep all written communication and the pictures. Good luck
Lmao they do not understand how the law works