12 On Your Side Investigates: Evictions in Richmond County - what to do if you’re behind

AUGUSTA, Ga. (WRDW/WAGT) - Nearly half of Augusta Richmond County residents are renters, and the average rent is now about $1,500 a month. That’s more than $250 more than the average cost for rent here last year.

Marshals served more than 8,200 renters in Richmond County with eviction paperwork last year, and so far this year, more than 2,600.

12 On Your Side Investigates sat through dispossessory hearings to learn more about evictions in Richmond County.

The hearings take place on Wednesdays and Thursdays. A judge will listen to both the landlord and the tenant before deciding on an eviction.

Judge Shawn Merzlak must uphold the law, no matter how heartbreaking the backstories are from people in his courtroom.

“I’ve read over many of the answers in the dispossessory actions, and a lot of them indicate a person has lost a job or is in some sort of financial hardship,” Merzlak began. “I want you to know the court highly sympathizes with you being in that position, although I’m not able to consider it as a legal defense to the dispossessory action,” the judge told the tenants in his courtroom.

Case No. 1: Fines and Fees

Fines and fees are unregulated in Georgia, which means a tenant must pay whatever late fee is listed on a lease. The fees make catching up on rent nearly impossible when they begin to stack up.

“I was late, but I was in the process of catching up,” a tenant facing eviction told Merzlak. I went to pay $3,000 for two months, but when I got there, my rent was $4,000. I am trying to understand how I am paying $2,000 in fees. That’s a lot.”

“Whatever usage in electric power from Georgia Power, it specifies the month you were charged, which also plays a very big part in your balance today,” the apartment manager answered.

The tenant told the court she thought she transferred power into her name because she entered her information into Georgia Power’s online portal. “It just didn’t go through.”

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A tenant may think they have successfully transferred power into their name after entering their information into the “Start Electric Service” tab on Georgia Power’s website.

Customers g up for new service can receive information on what is required to complete their service connection via multiple channels, including email, opt-in text messages, and banner messages on the website.

And there’s an establishment fee, which is not required to be paid upfront to connect service; it appears on the first bill.

However, depending on credit risk, a deposit could be required.

The judge rules in favor of the apartment manager, and the tenant must vacate.

Case No. 2: Partial Payment is a Defense

Georgia’s landlord-tenant handbook states, “After filing a dispossessory action based on non-payment of rent, the landlord will not accept rent from you because they do not want to give you a defense.”

Translation: The case is dropped if the landlord accepts money after filing for eviction.

“What does she owe?” Merzlak asked the landlord of another tenant facing eviction.

“$3050.50, and the last payment I received from her was in February. But she has back fees,” she answered.

“And how much was that?”

“$777.75.”

Merzlak checked the date on court documents in front of him. He verified the landlord accepted money from her tenant after she filed to evict her.

“Well, based on that info you just provided me, I am going to dismiss this action because you accepted payment after filing for eviction. That’s an automatic disposal of the case,” the judge ruled.

“Even if she sent an automatic payment to my ?”

“It would have been our duty to return it and ask her to pay the full amount, Merzlak answered.

Case No. 3: Rental Assistance

A payment plan kept Brandi Hemminger housed until management changed the policy at her apartment complex. She called several nonprofits to get help when she fell behind in her rent.

Hemminger tells us that every place she called told her they do not offer rental assistance.

Hemminger met with her apartment manager outside of the courtroom just before the judge called both of their names. The manager told the judge she is willing to work with her tenant if she can get rental assistance.

Merzlak provided Hemminger with the numbers of two nonprofits that offer rental assistance. Hemminger told us she had already tried CSRA EOA. She said they told her they don’t have the funds for rental assistance.

She had never heard the name of the second non-profit that the judge gave her. Georgia Legal Aid accepts applications for the Georgia Rental Assistance Program.

Merzlak tells Hemminger to work closely with any of the agencies you .

“If they need information, you need to give it to them asap sometimes, they need tax records and pay stubs, and things like that. It’s not something you want to delay, especially when you are in a position of having an apartment complex that is willing to work with you,” the judge said.

12 On Your Side Investigates learned the average processing time to get approved for the Georgia Rental Assistance program is between four and six weeks, and the hotline to apply is only open Mondays or Wednesdays from 9 a.m. until noon. The website for the program also discloses, “Intake for these applications may end before noon on these days depending on the volume.”

Hemminger’s apartment manager is willing to work with her while she tries to go through the approval process for rental assistance. Judge Merzlak wishes her luck and postpones her case.

If you’re behind on your rent and facing possible eviction, the No. 1 step is to respond to any document you receive.

You have seven days to do this. It’s your chance to tell your side of the story. This buys you time and involves you in the process.

No answer, and the court rules in favor of the landlord.

That can mean immediate eviction.

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