Whether you are a landlord or a tenant, if you live in the state of Georgia, you may be interested in learning the laws for evictions. As a tenant it is good to know your rights and as a landlord, it is good to know the proper procedure for evicting a tenant. Since each state has different eviction laws, this article only deals with the eviction laws in Georgia.
As it is with most states, the primary reasons for wanting to evict a tenant are:
– non-payment of rent
– failure of a tenant to vacate rental property at the end of a lease agreement
– breech in lease agreement
Under the Georgia law, a landlord can only evict a tenant by going through the proper procedures. This includes going through the Georgia court systems. Prior to approaching the court for assistance with evicting a tenant, the landlord should familiarize himself with the contents of the lease. Also, prior to going through the Georgia court for help evicting a tenant, a landlord needs to notify the tenant in writing. This written eviction notice must spell out that the tenant must immediately vacate the property. At this point if the tenant refuses to leave the premises the landlord can then begin the eviction proceedings.
To begin the eviction process in Georgia, the landlord, the landlord’s agent or the landlord’s attorney must approach the magistrate’s court and file a dispossessory affidavit. This affidavit must be filed under oath. A dispossessory affidavit states the name of the landlord and the name of the tenant, the reason the landlord is pursuing eviction, states the landlord has given the tenant a written demand to vacate the property and any rent or monies owed to the landlord.
Once the dispossessory affidavit is filed, the magistrate court then issues a summons that must be delivered by the sheriff’s office. This summons can be delivered to the tenant at the property in question in one of three ways:
– given to the tenant in person
– given to an adult over the age of 18 at the rental property at the time of attempted delivery
– tacked to the front of the door of the rental property. If this method is used, the summons must also be mailed via first class mail to the address of the tenant.
Once the tenant receives the summons, he then has seven (7) days to answer either verbally or in writing to the summons. The original summons should have a date on it that informs the tenant of the last day he must answer to the summons.
If after the seventh day the tenant has not acknowledged the summons, the lawsuit can be deemed in default. At this time the court is able to grand the landlord a writ of possession and the sheriff may immediately remove the tenant.
If the tenant chooses to reply to the summons, a trial can then be held through the court. While a trial date is being set, the tenant may remain living in the property. The landlord has a right to request that the court order the tenant to pay rental money to the registry of the court. If the court orders the tenant to pay rental money and the tenant does not, the court may order a writ of possession and the tenant could be subject to eviction.
If the eviction processes goes to trial, both sides are then allowed to present their case. Depending on the decision of the court, the tenant may be required to pay money due the landlord within seven (7) days or to move within seven (7) days. If the tenant pays all past due rent to the landlord as well as court costs, the landlord must then accept this payment and allow the tenant to remain living on the premises. The landlord only has to accept payment of this type once in a twelve (12) month period.
Whether you are a tenant or a landlord living in Georgia, knowing the eviction laws is always beneficial. Both parties have rights that are upheld through the court system. I hope this information has been helpful.
