Using Tender of Rent as a Defense: A Tenant's Strategy in Dispossessory Actions

Using Tender of Rent as a Defense: A Tenant’s Strategy in Dispossessory Actions

Nemat Law Firm

April 17, 2024

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Tenants facing dispossessory actions in Georgia may use tender of rent as a defense under certain circumstances. Here’s what tenants need to know about utilizing this defense strategy:

Definition of Tender of Rent: Tender of rent refers to the tenant’s offer to pay the total amount of allegedly owed rents and the cost of the dispossessory warrant. This defense is typically invoked in cases solely related to the nonpayment of rent.
Limitations on Use: Tender of rent as a defense may only be viable in actions concerning the nonpayment of rent. It may not apply to other grounds for eviction outlined in the dispossessory action.
Landlord’s Acceptance: A landlord is not obligated to accept a tender of rent after the summons has been issued more than once in a year. However, if the court determines that the tenant should tender rent and the landlord refuses to accept, the court may issue an order requiring the tenant to pay the owed rents and costs within three days.
Potential Outcomes: If the tenant fails to pay the required amount within the specified timeframe, the court may issue a writ of possession, resulting in eviction. For commercial tenants, tendering less than the total alleged rents owed may not serve as a defense but may be considered by the court.

It’s essential for tenants to understand the requirements, limitations, and potential outcomes of using tender of rent as a defense in dispossessory actions. Seeking legal advice can help tenants navigate this defense strategy effectively.

Legal Disclaimer: This article is provided for educational purposes only and does not constitute legal advice. Tenants facing eviction proceedings should seek professional legal assistance for specific legal questions and concerns.

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