Legal Question in Landlord & Tenant Law in Georgia
I paid rent on August 28. The next day I discovered a fraudulent charge so i had to close the account for safety reasons, but the account remained open until sept 4. Bank of America says it cleared. The Apartment (Tempo) claims it's bank did not clear. Either way we don't have $800 to pay today to prevent from being evicted.
Is this wrongful eviction?
1 Answer from Attorneys
No, but you certainly may have a defense to the basis of the eviction that you didn�t pay rent. It is a factual determination whether you in fact paid rent, which in turn will determine whether you can be evicted. The eviction process is not immediate. The landlord has to file a dispossessory action and provide you an opportunity to defend it before they can retake possession of the property.
If you would like to discuss any issues further, please feel free to contact my office. The link to my contact information is below. Thank you.
The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.
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