Rent collection can be a stressful process. It requires a thorough understanding of the Georgia tenancy laws and a strict adherence to the legal procedures.
Here are the steps we take to collect rent:
Rent is due on the 1st of each month; considered late after the 2nd. We will take rent all day and consider it received on time if received by 10am on the 2nd. If the 1st falls on a weekend or holiday we consider rent paid on time if received the next business day. We have a secure drop box at our office location to receive rent payments 24/7.
If rent is not in by 10am 8th day of the month we will send you a demand letter. This letter is required by Georgia Landlord Tenant Law and must contain specific language that demands possession of the property or payment of the rent. This letter by its very nature is kind of harsh and unfriendly because its language must comply with Georgia law.
Note: If you've given notice of late rent payment prior to the 7th your timely notice is appreciated and considered. However, adherence to timely rent is part of our agreement and we take the proper efforts to collect rent on the due date.
If rent is unpaid by 10am on the 12th, dispossessory forms will be filed at the county courthouse. A sheriff’s deputy will serve the warrant to the property. The charge is $150.00. You will have seven days to respond to court.
Court appearances are both time-consuming and intimidating.
If you have brought your rent current, or vacated the property, appearing in court can be avoided. If rent is still unpaid or some personal items remain in the property, we’ll meet you in front of the judge where we will both make our case.
This is an expensive process. If RealSource wins and you are evicted, the costs we incur will ultimately be paid by you. This ranges from $300 to $700 if it runs its full course. We will prefer you keep your rent current or move. It saves us all precious time and money.
If you fail to move by the court given deadline or if you move and leave personal property behind, we are forced to follow the writ of possession process. We buy the piece of paper (the writ) giving the sheriff the responsibility to physically move your possessions to the street.
Usually we get a consent order from the judge at the hearing. The judge will typically give you 7 to 10 days to move or pay. If you pay as the judge requires, the money must include the late fee, court costs, attorney fees, warrant fees, rent and must be paid in certified funds.
If you refuse to move by the court given deadline, or if you move and leave personal property behind, we are forced to follow through with the writ of possession process.
The Sheriff (not RealSource Brokers) controls the calendar for scheduling the actual eviction. They will call us with a date for this action and we will notify you every way we can. When the day comes they will give us less than an hour's notice to meet them at the house. We will meet them at the property and watch them move your belongings into the street and re-key the house. The cost of this varies depending on the volume and type of materials hauled but ultimately the cost will be paid by you. This is a brutal process and the careful handling of your property is not their priority. Please do all you can to schedule a move out well before this date to prevent the embarrassment and property damage of this event. We will do all we can to keep this from happening but we represent the owner and must act on their behalf. The eviction process is quick and unfriendly as it is done by the Sheriff’s office.
The law does not allow us to take partial rent as it derails the eviction process. Once the dispossessory is filed with the county, we must insist on full rent, late fees, warrant fees and any other amounts owed. This is not RealSource Broker’s “policy” as it is dictated by the Georgia court system.
Rent collection is a stressful legal process and we completely hate being put in the position of being the rent collector. It is what it is and we will do it professionally and courteously. We expect the same from you if you should find yourself in this process. The best solution if you can’t pay rent is to move with proper written notice.