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  1. #1
    Join Date
    Dec 2007
    Posts
    1

    Smile Eviction By Clerical Error - Can I Do Anything?

    Hello,

    I am having an issue with my landlord in Georgia. I'll try to keep a very long story as short as possible.

    I moved into my apartment in August. When I moved in, my apartment was not ready but I was promised (in writing) that they would get it ready ASAP. Since that time, nothing has gone right and the maintenance staff was horribly unresponsive to maintenance requests. In October, the leasing company gave me $200 renters credit compensation for all the trouble I have had. Sounds great ... or so I thought.

    On November 1st, I paid my rent on time, but short the $200, as I was instructed by the property manager. About 7-8 days later, I received a note on my door that I owed full rent. Quick call to the office by me, was told not to worry about it, it was just one of those things that slipped through the cracks. A week later, another letter saying the same thing. This time I went to the office to find out what was up. They had never actually shown me getting the credit in the computer but they fixed it while I was there. I also got it in writing on their letterhead that I did not have any money due. You would think it would stop there, wouldn't you? Nope! About a week later, another letter comes in the mail - and of course, another visit to their office and they assured me, it was just a clerical error. So, a week later what do I get? I received a gift tacked to my door by the sheriff - the dispossessory summons from the court! The notice said that I had 7 days to file an answer with the court or I would be evicted. To say I was mad is an understatement. I went to court the following morning and filed my written answer. I then contacted my property to ask them why this was on my door. Their answer? Oh, it wasn't real, you can ignore it. Of course, I am not stupid enough to ignore a court document no matter what they said. Fortunately, I called the court a few days before the court date and it was dismissed.

    Since this has happened, I requested additional compensation in the form of renter's credit because of the situation that had occurred. In short, they had filed an eviction notice by mistake and I was almost homeless because of a clerical error. The complex is saying they will give me $100 as compensation but feel they are being generous. I think $100 is an insult and have asked for a half month credit because of the numerous times I had to call them or come to their office, in addition to going to the court to file an answer. So, my question is there anything in Georgia law that states they cannot file illegally against me and is there anything I can do about it or do I just have to grin and bear it?

    Thanks in advance for any advice.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Eviction By Clerical Error - Can I Do Anything?

    You were annoyed, but you don't seem to have any out-of-pocket losses. So you turn them down, sue, and get what?

    One thing you should get (and keep in a safe place) is a letter from your landlord documenting that the eviction resulted from their error, and should not be held against you if detected in the future when you are trying to move into other premises.

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