I have filed a Dispossessory (Eviction) in the court because the tenant did not pay rent. The tenant filed an answer and we have a court date. I would like to reschedule the court hearing to a later date (after 1 week). Will court allow me to postpone the date?

I forgot to mention, "Why 1 week?".

The reason for 1 week extension is, the tenant replied in the answer he provided, that "He will have all the rent paid in a week, with a firm date of rent payment". So I think, it is fair to ask for the hearing date after the date committed by the tenant.

Keep your court date and make him pay all court costs. If I had a dollar for every empty promise made, I wouldn’t be in real estate anymore.

"So I think, it is fair".

Not fair in my book. Fair would be for everyone to abide by the terms of the lease agreement, your tenant has made his problems your problem. You owe him nothing beyond what the lease spells out.

Once a tenant gets to a point that you have to file an eviction to get them to pay rent do you really want to keep them as a tenant? In almost every case, once they get to that point they are circling the drain and will stiff you in the not too distant future. If they do pay this month then next month is only days away with no hope of it being on-time. It's a vicious cycle.

I am very clear with tenants up front. If you ever make me file an eviction, there is NO situation where you will get to stay. That message is repeated if they are ever late with rent and again right before I file.

There are lots of other options for people to pay me such as borrowing from friends or family, car title loan, pawn shops, and payday loans. If no one else will loan them money then why are you? It's a losing proposition.

Most courts will grant what is called a "continuance", which is the delay you're asking for. However, WHEN the new date happens is up to the court's schedule. In other words, you can ASK for a week, but they might schedule it 2 or 3 weeks from now.

So ask... but be careful what you ask for.

I also agree with MikeA. This tenant is already a liar: he promised to pay, then didn't pay. Why do you believe him now?

I've heard so many, "I'll have rent next week" that never turned out. I just say, "Well, I'm glad you have rent coming in a week, but I needed rent on the 1st. So if you can pay before court, great. Otherwise, we have to proceed."

I'm assuming this person's rent was due the 1st. We're now almost 3 weeks late, and he wants ANOTHER week? No. He's had 3 weeks to borrow from someone else and then repay them. The reason he hasn't or didn't is one of two things: 1) No one else in his life trusts him enough to lend him the rent money 2) He has no intention of paying you.

Which do you think is most likely?

You write a consent order. What will be paid and when. Tenant needs to sign also with Notary present. Bring it to the clerk and get it entered. This consent will keep you and tenant from going to court on the day specified-- why you ask?-- because you already agreed to work it out. You specify what and when and if it isn't per the term you can bring it to the court and get your judgement-- instante.

Thank you so much for your help.

Actually, I apologize that I did not tell you the whole story. After I filed for eviction, the tenant did pay rent but not the Late Fees and Court Filings. So, I have to take chances on 'some money' and not the whole rent. If the tenant pays then I will withdraw the eviction.

Sorry to bust your bubble. Your tenant doesn't have to pay you diddle.

Your case is over. WHY? you took money. In GA if you file for an eviction and take one penny--YOU HAVE ACCEPTED RENT. Therefore tenant doesn't owe. If you all had signed the consent prior to taking any money you can include all they owe. Court late admin and interest on debt. You would detail it as something like this. Tenant owes 1000 rent, 150 late, 100 court fees and atty fee of 125 if this has a court date set.

That's how your dispo filed looks. The consent would state what you plan on doing with tenant. 1000 rent to be paid by 15th. all other fees by the 27th for example and give the amount. Should they miss any of this agreement-- you can file for the immediate writ of possession with sheriff.

unb [GA], You are right. A tenant can send you a penny and if the landlord accepts that then the eviction is gone out of window. Here, I have recovered 90% of money from tenant and only 10% is owed.

Mediators are the ones who sign Consent Order.

Ken????? Ken he will look like a fool going before the judge.

Our policy don't get known by the court system powers that be. They love to make examples out of LL's. Especially in front of their voters.

To be clear I would still try for the money. Call the tenant and BS them. something like I want to get this case dismissed when can you pay the balance?

Ken because he's suppose to know the law. That if he takes money he can't proceed so don't take up my time (the judges time) coming before me.