Key Takeaways
- Follow the Legal Process Carefully: In Georgia, landlords must strictly adhere to the legal eviction process, including serving proper eviction notices and avoiding “self-help” tactics like changing locks or shutting off utilities. Any missteps could delay or derail the eviction.
- Eviction Notices Have Specific Requirements: Different types of violations (nonpayment of rent, lease violations, or month-to-month terminations) require different eviction notices, and in many cases, landlords must provide a grace period before filing an eviction lawsuit.
- Tenant Defenses Can Delay the Process: Tenants can present various defenses to stop or delay their eviction, such as arguing that the eviction was unlawful or retaliatory. Understanding these potential defenses helps landlords prepare for a possible court battle.
- Writ of Possession Marks the Final Step: After the court ruling, a Writ of Possession must be issued, allowing law enforcement to physically remove the tenant if they do not vacate the property within 30 days.
Georgia residents aren’t created equal. On one hand, some are every landlord’s dream. They pay rent on time, care for their rented premises, notify when issues come up, and so on.
On the other hand, some residents may be delinquent with rent payments, violate the terms of the lease, and cause negligent property damage, among other issues.
Fortunately for you, under GA Code Title 44, Chapter 7, there is a way to handle the latter group of residents, and that is by terminating their lease early!
The Georgia landlord-tenant law is clear on the procedure landlords must follow in this regard. Any mistakes during this process, whether intentional or not, can stop or delay your efforts to remove the resident. This would give the resident more time in the unit, which is the last time you’d want when dealing with a difficult individual.
Fortunately, this guide by Keyrenter Marietta has you covered in this regard.
What’s the Eviction Process in Georgia?
When evicting a resident in Georgia, landlords must follow a formal legal process from start to finish. Every step you take, from serving the eviction notice, to enforcing the court order, must strictly follow the law.
The following are examples of illegal eviction procedures that you should refrain from:
- Carrying out a “self-help” eviction. For example, locking out the resident, removing their personal items from the unit, or shutting down their utilities.
- Threatening or coercing the resident to leave before their lease is over.
- Trying to evict the resident after they have exercised a legal right, such as joining a tenants’ rights group.
- Trying to evict the resident based on their race, color, sex, religion, or any other fair housing protected class.
With that in mind, here is the step-by-step process you must follow to remove a difficult resident successfully. For information about handling a tenant’s security deposit, click here.
Notice for Lease Termination with Legal Cause
As a landlord in Georgia, you can evict a resident from your Georgia rental property for various reasons. They include: nonpayment of rent, excessive property damage, or criminal behavior.
Next, you must terminate the lease by serving the resident with the appropriate eviction notice. The following are some of the various eviction notices you can use in Georgia:
- For nonpayment of rent, there is no statutory waiting period. Once rent becomes due, you can begin eviction proceedings against the resident right away. Also, under Georgia law, there is no statutory grace period, unless the lease states otherwise.
Be that as it may, most landlords grant residents a reasonable window before filing for eviction in court, typically 72 hours.
- For lease violations, there is also no statutory grace period before a landlord can proceed with a dispossessory. Examples of lease violations include keeping an unauthorized pet, illegal subletting, or illegal property alterations.
You can serve the resident with a cure period before proceeding with a dispossessory. After the period is over and the resident has fixed the violation, you can proceed with filing an eviction lawsuit in court.
- To terminate a month-to-month lease, you can serve the resident with a 60-day notice to vacate. After the sixty days are over and the resident hasn’t moved out, you can proceed to file an eviction lawsuit in court.
Dispossessory Affidavit
Once the notice period is over and the resident hasn’t moved out or fixed the violation (if curable), you can file a dispossessory affidavit. You must do the filing in a magistrate’s court where your rental property is situated.
In Georgia, filing fees usually range between $60 and $75, depending on the county. You may also need to pay a small extra fee to go towards the service of the eviction notice.
After successful service, the resident will have up to 7 days to file an answer. This will provide the resident with an opportunity to object to their removal from the property.
Tenant Eviction Defenses
Answers to eviction procedures are known as tenant eviction defenses. The resident will have to either put it in writing or orally at the clerk’s office.
The following are examples of the eviction defenses the resident can give to stop or delay their eviction:
- The eviction process was unlawful. You, for instance, tried to evict the resident using “self-help” means, or based the eviction on a protected characteristic.
- The resident didn’t commit the violation you’re alleging in the suit.
- The resident fixed the violation within the notice period, if curable.
- The eviction was a retaliatory tactic after the resident exercised a legal right, such as reporting health violations.
Writ of Possession
After hearing both sides and reviewing the evidence presented, the judge will make a ruling. If the judgment is in your favor, the court will issue you a Writ of Possession. Next, you must request its execution by law enforcement within 30 days.
Bottom Line
This is a comprehensive overview of the process landlords must follow when looking to evict difficult residents from their rental properties. Shortcuts or mistakes during the process are bound to result in futility.
If you have a question or need expert property management help, look no further than Keyrenter Marietta. We provide top-notch property management services in Marietta, GA, and its surrounding areas. Get in touch to learn more!
Disclaimer: Please note that the information provided in this blog is intended for general guidance and should not be considered as a replacement for professional legal advice. It is important to be aware that laws pertaining to property management may change, rendering this information outdated by the time you read it.