Ga eviction i need some answers before i go to court?

[devon]

ga law states that a landlord must send notice to the tenant before going to the courts for an eviction
i have never received a notice and i was served with papers he filed for writ of possession i am back over 5k and never received a notice what can i do about this . i need more time to pay also my wife is on the lease and she just up and left is there anything i can do to prolong this so i can catch up
this is in the state of ga thanks for all your help

[elkan80]

ga law states that a landlord must send notice to the tenant before going to the courts for an eviction
i have never received a notice and i was served with papers he filed for writ of possession i am back over 5k and never received a notice what can i do about this . i need more time to pay also my wife is on the lease and she just up and left is there anything i can do to prolong this so i can catch up
this is in the state of ga thanks for all your help

he can take you sraight to court, there is no defense for I have no money and didnt pay the rent.

[jocheved]

yes there is a defense , i gave some one ells the money and they stole it . anyway it all worked out and
i am on a payment plan . but ga law dose state what i said ! and i took that with me and yes it helped
or i would be out now so i guess people just don't know the law it crazy i even posted

[hawiovi]

if you have never been served a section 21 notice then its an illegal eviction. You will attend court and you may get an evction notice suspended providing you can pay the rent and arrears

[darce]

yes

[elkanah1]

The papers you received are your notification of court proceedings that your landlord has filed. There are ways you can prolong these proceedings, but you need an Attorney to help with that.
If your wife is the only one on the lease, and she no longer lives there, then you can and more than likely will be found to be living there illegally. You have no claim to the residence, therefor the landlord has every right to evict you just on that purpose alone, much less the fact that you are $5k behind in rent. I think he has been very gracious to let you get that far behind.
If you are on the lease along with your wife, you would have to re-sign another lease without her name on it, if your Landlord would do that, but I don't think he's going to be that gracious if you still owe him $5k in back rent.
Basically your a** is on the line and you have no legal leg to stand on. The Landlord is holding all of the cards here. Better start looking for another place to live right now, because either way it goes, your not going to win over the courts heart. I can promise you that all this time you've been late on the rent, the Landlord has had plenty of time to get all of his ducks in a row so to speak, and I'm sure if he has a lease, he knows what he can and can't legally do, and it sounds like you have nothing to offer in defense. Short of your getting an Attorney, there's nothing you can really do.

Side Note, you know your in the wrong here, Your $5k in the red, and you know it, are you surprised he is taking legal action towards you? He and the court system could care less that your wife has left you. Do the right thing, If you cannot afford the rent, then find something cheaper. It probably would've helped if you had gone and talked to your Landlord and explained the situation before it got to this point, I've found in my experience that people will work with you if your up front and honest, instead of letting things pile up and trying to ignore the inevitable. It's not morally right to try to work the system when your in the wrong, which is exactly what it sounds like your trying to do.