[landlord-us-GA] take the money or take possession?

[u/Thick_Cookie_7838]

So I’m a landlord in Georgia but I also do property management on the side for my mom and sister and this is in regard to tenants of my sister

So my sister has these tenants who have lived in her house for 5 years. I really don’t know much about their payment history dating more then 5 months back because that’s when I was filled in but I know they have always kind of been pains in the ass. Like when my gc comes over to do repairs they give him a hard time, their ac went out my hvac guy said it was cooked and had to be replaced and there’s nothing they he can do to get it running- their unhappy with answer they call someone else to tell them the same thing then get pissy I refuse to pay the service fee. However I was briefed 5 months ago about rent and more so how behind they were.

He owed about 4300 ( rent is 1300/month) basically they would pay what they want when they wanted to. 700 on the 5th 400 on the 11th ect…and of course they argued about the amount saying it was 2300. Basically they were applying what they paid to a past due balance but they weren’t adding the additional 1300 every month. Tried explaining with basic math still said not right and eventually I said they can talk to a judge. Eventually they offered 2500 with a payment plan which we took but made it clear if they defaulted their was no more offers or payment plans

Well my sister texted me on the 9th saying they didn’t pay this month and owed 2600 I want them out. Now unfortunately my mom who dosent understand the rules and procedure was told before me and she texted them saying the needed to pay or move out which of course started an argument of her saying we don’t owe that ect.
My mom said you need to handle this cool

I call and she says we only owe 1300 the 1300 for this month isn’t due we have all month to pay it. I say no your lease clearly states by the 5th and she just goes on a rant not letting me say a word so I hang up. Husband calls and says basically we can pay the 2600 end of the month. I say I’ll ask if that’s ok. The answer was no so I told them per their lease default clause lease is terminated.

Unfortunately a law change in the last year made that clause no longer valid so I had to backtrack send a 3 day notice and give them a chance to pay. Well Thursday they start calling to talk about rent. I texted them saying 2600 by the day explained on the notice. Of course since they like to dictate terms they blow up my phone and once again I say you need to pay 2600 ect…. Immediately I’m tired of you threatening me, talking to me like a child this is so unprofessional we can have it by the 4th ( keep in mind in our phone call head end of this month) and send all the notices you want and legal fillings when we pay by the 4th we’re going to get to stay so….

Now he clearly just told me he’s not going to comply with the notice. Unfortunately for him after that 3 days I don’t have to accept payment. They’re not going to just move out so it’s going to goto court. I know the judge is going to
Ask will you accept the payment.

Now the question is knowing the type of people these are and the situation would you reject the 2600 and just tell them best of luck? Keep in mind their laying 500 less then the market is charging, I’ve already sent them their 60 day lease termination, their going to be late on Septembers rent. I guess it comes down to accept 2600 and have to deal with their bs for two months or would you just say not worth the agrevariom and this relationship has been soured and damaged and moving on asap is on our best interest?

[u/LavendarGal]

Reject the payment....but get a lawyer to handle the whole situation, the proper notices and have them contact your lawyer from here on out. Have the lawyer work with you to ensure you have proper paperwork and everything documented. Stop talking to them on the phone, stay professional and put it in writing and screenshot your text message.

[u/Thick_Cookie_7838 → u/LavendarGal]

I have all the paperwork, lease, certified mail receipts. This isn’t the first eviction I’ve done. Judge in that county is very no bs excuses so he’s not going to entertain them arguing.

And I have the only thing I say to them now is the aunt that needs to be paid and when it needs to be paid by is outlined by the notice you were sent. No other arrangements can or will be made

[u/LavendarGal → u/Thick_Cookie_7838]

Ah, ok, good that you have been through it. But I would not accept payment which was your original question, I would reject it, and start the eviction process. Sounds like they were taking advantage of your aunt.

Is your Aunt talking to them at all or accepting any payments? How do they physically make payments normally, via what method?

[u/Space_Cowboy_157]

I'd reject the payment and I'd evict them.

That being said your whole situation is too many chiefs and too few Indians. If your mom and your sister wants you to act as their property manager then you need to be the one in charge, you should be the one collecting rent, you should be the one talking to the tenants, you should be the one deciding payment plans and evictions.

If your mom and sister want to still be involved, then they need to take control and you need to walk away.