Legal Question in Criminal Law in Georgia
Can a warrant be issued?
I stopped payment on a check to my landord because we were unable to live in the house due to unsafe conditions. he has told me that if i didnt pay, he would have a warrant issued tomorrow. Can he do this?
1 Answer from Attorneys
Re: Can a warrant be issued?
Some magistrates will not issue a check warrant in such a case as yours. They consider the matter a civil controversy. Some will, on the basis that rent, due on the first of the month, is for present consideration. The issue of the inhabitability of the apartment can be the basis for the cancellation of the lease, but the lease ought to be cancelled before you stop paying the rent in all probability. Since you already stopped payment on the check, and it is likely that the landlord will attempt to get a warrant, I would ask for a pre-arrest hearing. I recommend you see an attorney.
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