In eviction proceedings, landlords must provide proper written notice (such as a 60-day notice for tenants at sufferance or a 3-day demand notice for commercial tenants) as required by law; failure to provide the legally required notice, even if other elements of the case are valid, will result in dismissal of the eviction case. Additionally, when property is marital property, neither spouse has exclusive authority to evict the other, and such disputes should be handled in family law court rather than landlord-tenant court.
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Dad Tries Evicting Kids Amidst DivorceAdded:
Do you have a written lease with Miss Johnson, man? Uh, sir, >> sir, no lease.
>> No lease. Okay. And, uh, does the tenant uh pay any rental amount or monthly amount? Is there a monetary amount required?
>> No, no rental amount.
>> Okay.
>> You only had a verbal.
>> You had a verbal agreement.
>> Okay. And what what was your verbal agreement >> to help out with household financial support?
>> Okay. What's your relationship to Miss Johnson man?
>> Um wife, which she filed for divorce uh as soon as my kids were served the eviction letter.
>> Okay. Uh are you divorced?
>> No, we're not divorced. She recently filed once the kids were served.
>> Okay. I understand you're saying once the kids were served. And when you say once the kids were served, do you live at the property as well?
>> Yes.
>> Okay. So, you both live at the subject property. Both of you are married. H how is your name solely on the mortgage? Is there a mortgage? Is this p house paid off?
I'm sorry I couldn't hear you.
>> I have a mortgage.
>> You have a mortgage, but you're indicating that there's no mortgage andor um uh deed or uh security if not security deed, but any type of deed in you both you and Miss man's name.
Oh, >> okay. And um was this pro and I'm not a divorce lawyer. I'm just curious when did you obtain this property?
>> Okay. And when did you get married to Miss Man?
>> In 2000.
So you acquired this property while you were still married to when you were first Were you already married to Miss Man? Is that correct?
>> Man, >> your your connection is really bad, sir.
>> Your screen is now off, sir.
I would ask that Mr. Mr. Man, if you could just stay in one place and not move around, that may have help with your connection.
>> Can you hear me?
>> I can hear you better now. Are you guys in the same place? Same house right now?
>> No, I'm at my parents house.
>> Okay. All right. Uh, couple other things.
Why do you believe you can evict her?
Well, I wasn't evicting her. I was evicting the kids.
>> Okay. And that's Elijah S. Man.
>> Yeah. And on the paperwork, I had others. Uh like I said, when I went and did the eviction, I was instructed by the lady at the uh counter to uh just put one person cuz I had three forms filled out, but she said just use one form and put what rooms the other kids are in. And um that's the reason why I didn't put the other names on the form. I guess Zerona speaking on behalf of Elijah.
Are you trying to also evict Zerona?
>> I wasn't trying to evict Zerona.
>> Eviction.
>> Well, that's why when I put they told me to specify what rooms that the kids were in. Uh, and I did that. I put room one, room two, and room three.
Um, myself.
>> How old are your children? Are we talking about minors or adults?
adults.
>> 18 and over.
>> Yes.
>> Okay.
Well, right now as the as the complaint is identified, um I know you've identified rooms uh first room to the right across from the restroom. All his belongings from back and it's not all belongings belong to room three. I I I think I think what we one the way your complaint is drafted though it identifies the rooms if your your still your wife your wife is living there as well it could be an issue where she could allegedly be evicted as well and then I guess my greater concern do you know if your wife is also uh does agree with the eviction of these folks?
No, she does not agree with the eviction.
>> I don't know then that you would have the exclusive authority to evict them >> because it you know I'm not this is not uh superior court. I really don't have any authority, which is making me believe we might have to pause this case because there may be some some problems if it's one marital property and there may be a uh dispute between authority for folks to be there, right? You know, if one parent says you got to leave and another parent says you can stay, I don't see how one parent has more authority than the other.
>> I understand you may be on the Yeah.
>> Well, it's mainly uh safety. You know, safety is is really the biggest thing.
>> I understand. Let me ask you this because I know and forgive me and I and I'm I hear safety concerns with children all the time and and the court is definitely receptive to that. So, I don't have any issue, but particularly when it comes to these cases, there are a couple things that have to go. And I'm the reason I'm not dealing with you yet, Miss Johnson, is though you have answered based upon what the plaintiff is alleging. He's saying he's never intended for you to be evicted, but just these adult children.
So, I just want to address that because you're not directly named though you may have impact, but I want to understand some other aspects before we even get to you.
Number one, Mr. Man, did you provide because you really need to provide both parties notices, 60-day notices.
um unless you've had an agreement specifically for them to pay rent and they have failed to do so. So, I know on the complaint you've alleged that they are tenants at sufference, which is fine, but that would only be applicable if you had given them the 60-day notice.
It then expired and then they had still failed to vacate. So, I'm going to ask you, did you provide uh Elijah and I guess the other party, which you would need really to specify since you want them to specifically be evicted as well. Did you give them any notice since you didn't have any written or specific oral agreement that you wanted them to vacate?
No, they only we we only had uh text messages, you know. I didn't have anything written or or uh delivered, you know, through mail. Um because it, you know, it just really got to this point, you know, I didn't >> your kids, right? And you you I understand >> and and and I but I want to make sure as I told everybody at the beginning, I'm bound by the the law. I understand a lot of people have a lot of different situations and circumstance that lead them to coming to the court for aid but but when you come to the court as they say you got to come correct and if you have not provided the done the appropriate things as much as I may want to do something I'm not saying that's the case I can't if you have not done what the law requires and one of the main things is notice I just dismissed the case previously because he did not provide the defendant even know behind admittedly on rent didn't provide them the appropriate notice >> just so you're aware of Georgia law because I don't want you being you know you know all you know backed up because you don't even know what's going on but one if you're alleging again that there's no written lease and no oral agreement per se for them to pay rent or something else and you want them to subsequently leave you got to give them by law a 60-day notice it's got to be in writing text messages don't necessarily qualify right And that has to then identify a specific time that they have to vacate. And if they fail to do so, you give them another demand, they don't do what you say, then you happy. We happy to get your complaint, review it, and give them a writ. But the other issue that you're going to have today is that if you specifically want Elijah and another party evicted, you can you can put them down, but when you put all others, it does then wrap up even if you put room specific rooms, it potentially wraps up other parties that are maybe living in the home specifically when your wife I understand you guys are going through divorce, your wife resides there as well, right? Um so so I'm going to dismiss the case. I know Miss Miss Johnson, man, you have a lot of other statements to make, but I I don't even think that we need to get down go down the road unless you have counter claims, and even then I might think that it's not appropriate to deal with those because there's a pending divorce. Um, I'm going to dismiss because there's not the appropriate notice. Um, and then again, Mr. man, if you do want to proceed with these things, um, you know, you need to just specify in your complaint what you're doing, what you're intending to do so that we don't the court doesn't ultimately make an order that infects people that it's not intending to affect.
>> All right.
>> And then, Miss Johnson, man, I don't really want to make it to where you didn't have say anything because I don't want to make it seem like a court didn't give you an opportunity to speak. I just briefly want to give you an opportunity uh to to speak if you have any counter claims or anything else regarding it.
>> Thank you, your honor. I do not have any counter claims. I've already provided the um evidence via the link. Um just simply this is um he's my legal spouse of the plant and this is our marital residence which we were married in 1999 and not 2000. I am not a tenant.
Therefore, this is not a landlord tenant relationship. Um, this needs to be handled in family law, not this one.
>> Well, like I said, it's you specifically definitely the children maybe, but I think the problem then becomes because it's a marital property. Again, I'm not superior court judge. That that could be potentially an issue if there's not a cons because both of you could be considered the landlord. All right. So, uh, with that, I'm going to dismiss the case, folks. You'll get a copy of my order and and hopefully things go well for you folks uh, in the future. But I'm going to let both of you go. Okay. and uh thank you for your time this evening.
>> Thank you.
>> All right. So, Mr. Brown, I do find that you are the uh agent here for Lyonia Sea Store. So, I want to ask, does Lyonia Sea Store have a written lease with Miss Billingsley?
>> Yes, sir.
>> Okay. And when does that lease expire?
>> February 28th, 90. I'm 26.
>> Of what year?
>> 26. 2026.
This year. Okay. So, it's already expired.
>> Yes, sir.
>> Okay.
>> And how much is that monthly rent?
>> $1,800.
>> Okay. Is there a late fee?
>> Yes, sir.
>> And how much is that?
>> 10%.
>> Okay.
And when is the last time the tenant has paid uh the Lonia sea store any money from any source?
>> December 2025.
>> Okay. And I have looked here on the complaint and I saw that there was an amended complaint because it apparently the original one. Hold on. I thought there was this might be a different case. Hold.
Yeah, I see. And the original dispossessory warrant had it at $70 a day. And then these amended one had it at $60 a day. And then there was an increase of $5,400 in past due rent to $7,200 in past due rent.
>> Okay. So tell me this. Uh why was that done?
>> Okay. The from 54 to 72 was another month >> at $1,800 a month. I did not add any expense I mean late fee or court cost in there normally. Okay. I'm sorry.
Normally uh your honor you or any presiding judge will add the 10% late fee.
>> No I just was curious why it went from $70 to 60.
>> Miscalculation on my >> Okay. All right. All right. All right.
That's fine. That's that's reasonable.
And you did file the amended complaint.
So tell me when is the last when was the last month that she was current?
>> December.
>> Okay. So she was December. So you're alleging she's effectively then passed due for January, February, March, April as well if I gave her a rid of possession seven days in May. Is that correct?
>> That is correct.
>> Okay, hold tight. Bear with me. Hold tight. Beyond the past due rent and uh court costs, uh anything else? I didn't see anything else on your complaint.
Correct.
>> No, sir. I don't have anything else.
>> All right. Bear with me.
All right. I'm going to now hear from Miss Billingsley. You go ahead and unmute now.
>> I can I can mute. I can unmute.
>> Well, you can mute yourself, Mr. Brown.
I'm going to speak with Miss Billingsley.
>> Okay, sounds good.
>> All right, Miss Billingsley, I want to confirm andor find out your position on some of the things I asked Mr. Brown.
So, first and foremost, did you have a written lease or do you have a written lease with Lyonia Sea Store? Yes, Sean, I do.
>> All right. Excellent. And is that monthly rent $1,800 a month?
>> Yes, your honor.
>> And did that lease expire uh back in February uh 26, 2026?
>> No, your honor.
>> Okay. And to your based on your statement, when did uh the lease expire or when does it expire?
>> It expire uh April of 20 uh 2027 next year.
>> It expires. And when did you sign your lease? Uh, you ask me when did I sign it?
>> Signed the most recent lease that expires in 2027.
>> No, I'm talking about the lease. The original lease that I signed, that's when it uh >> Okay. So, the original lease >> the original lease that's when it ends, your honor.
>> And was that a year lease? Two-year lease?
>> It was a three-year lease.
>> It was a three-year lease.
>> Yes, your honor.
>> And that was with Lyonia Sea Store.
>> Lonia Sea Store and all doing business.
Yes, sir. Your honor.
>> Okay. And so the rent was still 1,800.
Is there a late fee of 180?
>> I assume so. Yes, your honor.
>> Okay.
>> Okay.
>> Yes, sir.
>> All right.
>> Tell me the last time that you paid rent from any December.
>> Okay. And uh was that $1,800?
>> I paid the 55 5400. That was ordered for me to pay in the courts.
>> You paid $5,400 at that time in the courts.
>> Yes, I was ordered to pay him5,400 and I gave him 5,400 the next day when I got we got out of court.
>> Okay. So obviously that regard regarding the previous hearing and not this one, a previous case and not this case.
>> I haven't given him anything since then.
>> Okay. I and I'm just curious or not curious, I want to know. Uh you said you gave him 5,400 in December. This case wasn't filed until March. So is that reference to a previous court order or some agreement that you had?
>> Yes, sir. It was a previous court order from the >> from the case. I'm sorry. From the case he said he amended and I don't know how he was able to amend the case when the case was already dismissed because I paid uh paid funds.
>> Okay. Well, I I'm looking in here, ma'am, and I see here, just so you're aware, the case I'm talking about, I'm going to acquire a little bit more information from you here shortly, this case was filed on March 17, 2026. So, any payment that you would have made in December wouldn't have been associated with this case because this case number didn't get generated until March of this year. All right, hold on. Hold on. Now, there was an allegation in the original complaint that he filed that there was an allegation that the past due amount was $5,400. Now I've done my calculations and in that estimation that's essentially 3 months rent. So that's not doesn't seem to be out of uh out of source here. You're out of place.
So I understand that the lease may in your position expire later. Uh, but you are in agreement that the last time you paid we're saying is is in December, but you're saying you paid 5,400. But ultimately bringing you current is what you're saying. When you made >> Oh, no. No, no, no, no, y'all. No. I thought you asked me when the last time I made a payment.
>> Yeah. When's the last time you made a payment?
>> That was the last time I made a payment.
>> And how much was that payment?
>> And 5,400.
>> Okay. And that 5,400 was inclusive of what? Um, I I guess the rent and the late fee.
>> Okay. And do you recall how many months you were behind when you paid that 54?
>> Three uh three months, your honor.
>> Okay, that makes sense. And then that case got dismissed because you paid. Is that correct?
>> Yes.
>> Now, did you pay because there was an agreement that you and the other party reach? Did y'all reach a consent agreement or was there a judgment or something and y'all you just paid?
>> A judgment.
>> Okay. All right. So, we don't even really have to worry about that. That's fine. Right.
>> Yes, your honor.
>> Okay. So, we not dealing with anything December. December taken care of. But you haven't made a payment since December.
>> No, your honor.
>> But the payment that you made in December was for 5,400. But that took care of everything of December and behind.
>> Yes, your honor.
>> That's your position.
>> No, I was thought No, that's not my position.
>> No, that's not your position.
>> I just thought you were asking me when was the last time I made a payment. I haven't made a payment since December. I have not made a payment since he filed this complaint right here.
>> Okay. Well, he didn't file this one until March.
>> Yeah.
>> So, we got January and February that >> Exactly.
>> Okay. All right. So, I' I've also and Thank you, uh, mediator right. I've also seen folks, I have to remind you that we ended. Okay. So, if I can get to your trial to this evening, we will.
Otherwise, we'll put them on a in-person calendar. I will try my hardest to get to as many cases as possible. Uh, but I just want to confirm then, Miss Billingsley. So, there's no dispute about the non is there any do you dispute any uh non-payment for the months of Febru January, February, March, and April? I dispute your honor because I currently have a lawsuit against the company against the business and like I and and I do have a lawsuit um in the Gwinnet County court and like I explained it that I knew that this case here or whatever this case may bring that I would need to do an appeal for the simple fact is it need to be in a higher court.
>> Okay, I'm hearing that. you inform me because I looked at the documentation and I couldn't find any documents referring to a complaint filed against Lythonia C store.
>> Um that's >> quite a bit of information against Nighthawk but nothing against Lyonia.
That's um No, I haven't. Um I know because what I had needed to do, your honor, was I waited on him because what I'm going to do is appeal it in the state court and file uh doing a counter suit. So that know I I I have a lawsuit with uh the uh store in Gwynette County store because that's where the business stem from in Gwynette County.
>> I understand. And and I believe from my understanding was that an allegation of harassment and things of that nature? Is that >> No, no, no. That's for my this for my business. For the gang members, the shooting, the robing, >> and that the harassing my business, and I can't get any customers, and I've been losing income.
>> Well, is this a is this a commercial lease we're talking about, or >> Yes, your honor. And I have >> Hold on. So, just hold on, Paul, so I make sure I fully understand. So, when I read unit A, I thought that still was a a residential property. So, we're dealing with a commercial property. Is that what you're saying? Yes, your honor.
>> This is not where you live.
>> No, sir.
>> Okay. Okay. That that helps a lot.
>> Okay.
>> The other thing that I'm just going down your your answer and I want to make sure that we go through everything before we get too deep. Okay.
>> One of the other allegations, uh, give me one second here. Is that you've indicated that the um that the plaintiff never gave you a written three-day notice before this action. Okay. So before we talk about this this uh complaint that you have in Gwynette um that you're saying essentially holds them which I mean it doesn't necessarily do that but I I hear what you're saying.
Tell me about that. The no no written three-day notice. Tell me why you allege that.
>> Because I didn't get one.
>> Okay. And does your still you does your business still operate?
>> Yes sir. I still operate my business. I haven't been there in a couple of months because I honestly your honor, I have been losing money. Been kind of afraid to go up there and I actually I'm getting ready to go back in about another week. Y I I it it had been depressing me. It really had depressing me because I go to church over there. Um it's a school over there and >> Well, before we But before we get into that those other issues, I want to talk about the the legal issues that matter the most.
>> Yes, sir.
>> Um you haven't been there. You don't go there often. What kind of business is it?
>> I go there often. It's a restaurant.
>> It's a restaurant. Is it actually operating now or no?
>> Yes, it's actually operated, sir.
>> Okay. So, despite the fact that you say you don't you had mentioned that you don't go over there often. It was still operating. You're the owner essentially.
>> I am the owner.
>> Okay. And um no one informed you that that at your business that there was any notice or or a complaint to your door? How did you find out? I guess you got the the the complaint, but you never got it as demand is what you're saying.
>> It was never a written complaint on my door, sir. I go there every day.
>> Okay.
>> Every day.
>> And let me ask you is this as well. Is your business is the contract in your name or is it in a business name?
>> It's in my name.
>> Okay, that's fine. Um, look at one other thing.
>> Yes, ma'am.
Incorrect address.
Okay. All right. We'll take a pause. If you can put yourself on mute, I'm going to ask Mr. Brown about these allegations. Okay, >> Mr. Mr. Brown, if you can unmute.
>> I'm I'm here, sir.
>> So, uh, Mr. Brown, uh, Miss Billingsley has indicated to to the court that she was not provided, uh, the required three-day demand. Uh, >> yes, sir.
>> And tell me about that.
>> Matter of fact, your honor, I thought I left one with the, uh, when I file this case as evidence. I emailed a text Mr. Billings late March the 5th.
>> Okay. Did you did you >> I'm going to pause you there because text is is one thing. You know the law requires a three-day demand letter to be posted to the door.
>> Look, I thought it was the way landlord tenant communicate.
>> No, no, that's in addition to the three-day demand letter. You just can't I pull it up. I mean, you know, for those for the education of those, but no, you cannot, sir, uh, just merely send it via text. You would have to still send a three-day written letter.
And then in addition to make sure because some people, like Miss Billingsley says, sometimes she's not at that particular location often, right?
And then they require that if you guys normally would communicate through email or in your situation, you're alleging text, um, that there would be some type of communication. If you just just did one of them, then you wouldn't have satisfied the statute.
>> Yes. I But she also acknowledged this.
Uh your honor.
>> Oh, it's not it's not something sheck acknowledged it at the time.
>> I I understand the text may be one thing, but the statute must be strictly construed. So, if you don't satisfy it, regardless if you may meet one prong, you must meet all the prongs in order for you to satisfy the statute. Hold on for one second.
So, you're telling me, and I'm not I'm not pressing you. I'm just asking questions.
>> I understand. I understand.
>> Uh, so you're saying, "Yes, uh, judge, I did send her a notice or a demand, but that was done via text, but I did not send her a written demand uh or provide one that was posted uh at the property."
>> Correct.
>> Okay. Okay. And I apologize. I just wanted to read to you, Mr. Brown because I like to make sure that everybody is appropriately informed of what to do, right? It's not just, hey, you're wrong, dismissed, and you don't know why. I'm going to give a little folks a little information here, but just so you're aware, OCJ 44750, and that's going to be section D. uh specifically says that uh the demand for possession notice under section A subsection A of this code section or the three-day notice to vacate or pay under subsection C of this code section shall be posted in a sealed envelope conspicuously on the door of the property and delivered via any additional method or methods agreed upon in the rental agreement.
All right. So, if that has not been done, then I'm not going to go any further into the uh matter. Obviously, it could be refiled because we haven't gotten past really service or jurisdiction at this juncture. And so, um I'm going to dismiss the case, Miss Billings League. I am actually going to dismiss your counter claims without prejudice, meaning they can be brought.
Obviously, if you have a case already pending, that's something that you can deal with at that time. But, I'm going to tell you, Miss Brown, now you told me you ain't paid. I mean, that can't be ignored, but obviously without him with him not doing the appropriate notice, I'm not going to proceed on. Okay. So, Mr. Brown, that's going to be the order there of dismissal. Um, and uh I may or may not see you guys back, but folks, you are dismissed. I'll get you a copy of the course order.
>> Okay. All right. Thank you.
>> And Miss Johnson, please unmute for me.
Miss Janara Johnson, please turn on your camera and unmute for me. Turn on that.
>> Yes, I'm ready to go. Yes, I'm ready to go.
>> We are all ready to go. So, raise that right hand for me. Be patient.
>> All right.
>> No, I'm ready to go.
>> I know, but that's not being patient.
Stop saying that to me. You swear affirm to tell the truth under penalty and perjury of a law. Is that a yes, Miss Johnson? Seems to Mr. Demetri.
>> Yes.
>> And how about you, Jaria Johnson?
>> Yes.
>> Okay. Excellent.
>> Unless you doing all that.
>> No, stop. No more. Don't do that. We're going to put you on mute because you seem to have lost yourself. Uh position uh seven's agreement states the fact that the tenant agrees to vacate premises by no later than 11:59 p.m. on May 30th, 2026. Landlord shall be entitled to a rid of possession on May 31st, 2026. No money judgment. Are those the terms that you've agreed to?
Demetrius Johnson.
>> Yes.
>> And Jara, you can unmute now.
>> You see? No. I'm asking you one simple question. Are these a term that you've agreed to, Miss Johnson? You sign. Is that a yes or no? Don't give me attitude. Give me yes or no.
You can unmute.
>> I sign.
>> Is that a yes or no? Do you agree with the terms? Yes or no?
>> Y'all be having a law degree.
>> Ma'am, I'm not out and talking about that. Don't be disrespectful. Do you agree with the terms that I've just discussed? Yes or no? Put the camera in your face.
>> Yes.
>> Be respect. Put the camera in your face.
be respectful to the court despite the fact you're virtual and tell me whether or not you the term. Thank you so much.
>> Yeah. Okay.
>> I will get it signed and I'll get it emailed over to you. Thank you so much, ladies. You're free to go.
>> Thank you, judge.
>> Yes, ma'am.
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