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Landlord vs Tenant Issues Landlord and tenant issues, including rent, leases, non-payment, eviction, holdovers, summary proceedings, etc.

Tenant owes Back Rent and no where to be found

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Old 01-21-2007, 01:52 AM     #1
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Confused Tenant owes Back Rent and no where to be found

Fulton County, GA
I have a tenant who has not paid for November, December, and January. Each month he'd assure me that he'll have rent, and that time is his issue. I have emails saying that he will have the money for back rent. I worked out an agreement with him where he can catch up on rent, but it absolutely has to be paid up with late fees included. I talked to him exactly a week ago and he said he would have the money this week. He has since disappeared. He has all of his furniture in the condo, but the cell phone number I have has been off for a week now. I don't know where to find him. I know he has a house outside of Atlanta, and have sent him a certified letter notifying him that I need the back rent and if do not have it by the end of this month, then i'll have to go file a suit in small claims court.
What are my options to ensure that I get my money from him? It will be almost $5000 that he owes me by the end of Jan.
If I try to evict him, he won't answer in court if he isn't even at the condo to receive the disspossionary notice. If he doesn't answer in court then I won't get the money judgement. How will I find out where he is in order to sue him for back rent? If I evict him, then it probably won't happen until February. So, then he'll owe me for February too.
Also, I cannot even rent the condo out to anyone else because the homeowner's assocation only allows 25% renters,and there is a 6 month waiting list to rent to another tenant. His lease expires on August 31st, so I am losing all that income since I cannot re-rent.

What do you suggest that I do? to get what he owes me - Back rent since November, plus utilities, plus I can't rent the condo out until September 1st, plus I he has abondoned the condo, but left all of his furniture there.

Please advise.

Thank you in advance!
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Old 01-21-2007, 02:00 AM     #2
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Confused Re: Tenant owes Back Rent and no where to be found

Continuation from posting:
Also, the lease doesn't state anything about what the fee would be to break the lease, but isn't that just understood that he owes for the term of the lease since it expires on August 31st, 2007?
If I sue him small claims court, do I file in the county that he will be served, or sue in the county that the condo is?

Thanks!
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