Georgian landlords have more control over the notice periods given to tenants than other states in the United States. Despite this, they are encouraged to be sympathetic to their tenants' issues when it comes to an eviction process.
The eviction process in Georgia is more or less the same compared to the other states:
- Send a written or verbal notice
- Fill out the forms
- serve the tenant
- Take part in the negotiation
- Wait for the verdict
Each eviction procedure is different and depends on the lease signed by the tenant and landlord. It also depends on the court's availability to arrange a hearing and how quickly the authorities can respond to the issuance of the title deed.
This article provides a summary that landlords can refer to when evicting a tenant. Confirm procedures with your court to avoid mistakes and confusion.
grounds for eviction
1. Failure to pay rent on time
Rent is generally considered late one day after it is due. If the rental agreement provides for a grace period, this will be observed.
Before a landlord can start the eviction process, he must ask the tenant, either in writing or verbally, to pay the rent.
Unlike most states, which enforce a set number of days before a landlord can proceed with an eviction after notification, Georgia leaves that responsibility to landlords.
It is recommended that this notice be included in the rental agreement to avoid retaliation by the renter.
If the tenant pays the rent within the notice period, the eviction process will not continue. If the tenant is unable to pay, the landlord can initiate an eviction action.
2. Breach of Lease Agreement
The rental agreement must be observed by both the tenant and the landlord for the entire duration of the tenant's stay. Agreements may vary from tenant to tenant.
If a tenant violates any provision of the rental agreement, the landlord is not obliged to have the tenant remedy the violation.
They may proceed with the eviction process after notifying the client, either verbally or in writing, that they have violated the terms of the lease and must vacate the property.
Tenancy law violations may include:
- Stay longer than stated in the rental agreement
- Disturbing the other tenants with loud activity
- Damage to rental property
- Smoking in non-smoking areas
- Animal husbandry in pet-free objects etc.
- Involvement in criminal activities
- Theft, violence, assault
There is no official notice period that landlords have to comply with. It's entirely up to you or the terms of the rental agreement (if specified).
If the tenants remain in the apartment after the notice period has expired, the landlord can continue with the eviction.
3. Non-renewal of the rental agreement after the end of the rental period
In Georgia, landlords cannot evict tenants or force them to vacate the property without probable cause. As long as the renter doesn't break any rules, they can stay until the end of their rental period.
However, if the tenant stays in the property one day after the lease expires and has not agreed on an extension, landlords can issue a written statement of occupancy. If the tenancy is month-to-month, a60-day notice periodshould be issued.
|lease agreement||length of stay||to receive notification|
|Fixed term||Three months, six months, a year, etc.||The landlord is not obliged to issue a reminder to the tenant. The tenant is expected to move out at the end of the rental period|
|Monthly rent||From month to month||60-day notice period|
Visit for your own Georgia rental agreementDie Formularseite von DoorLoopto download a template along with many other forms.
Filing a Complaint
1. How to make a complaint
The eviction procedure can only begin after the notice period has expired. The landlord must allow sufficient time to elapse before requesting eviction.
The eviction process is as follows:
- Go to the court that owns the rental property
- Submit an affidavit
- Pay the fees
In Georgia, application fees can start at$60 but go up to $75. Prices may vary from dish to dish.
The notice period can be as short as possible24 hours to 60 days, subject to the leniency of the landlord.
Notice of Compliance
Before filing an eviction notice with the court, you must issue a writ to the tenant. You can either download the free onePdforWortTemplate or create your ownGeorgia eviction notice from hereUse a step-by-step wizard to guide you through the entire process to ensure you are making the legally correct report.
Remember that the step-by-step wizard will ask you to pay a small fee at the end - it's a small price to pay to ensure compliance and protection of the law. The last thing you want is to go to court only to find out you got the first trial wrong.
serve the tenant
1. How to serve a tenant
A court official will deliver the subpoena and affidavit to the tenant. This task is usually delegated to the sheriff.
There are several methods to achieve this:
- Personal service:The court officer will personally present the subpoena and affidavit to the renter
- Substitute service:If the renter is unavailable, an adult living with the renter may receive the subpoena and affidavit. If none of these methods are possible, the court officer will turn to the following method:
- Post and email:The server sends the documents via first-class mail. In this method, the court officer leaves a copy of the paperwork with the tenant. It will be prominently displayed at the entrance to the tenant's rental property.
Landlords may not serve the tenant themselves or hire someone else to do the work. Only the Sheriff may complete this step of the eviction process.
2. After Service of Subpoena and Complaint
The tenant has7 Takeupon receipt of the subpoena and affidavit to respond to the court. Although a written response is preferred, an oral response is acceptable provided a transcript of the oral response is included in the affidavit.
If the eviction process involves non-payment of rent, it is the tenant's responsibility to do so7 Takepay the rent in full to avoid eviction.
There is no specific deadline for the delivery of the documents to the tenant. Note, however, that the court will not schedule a hearing until the tenant responds.
Want a complete overview of Georgia landlord-tenant laws? VisitDoorLoop's complete guide to Georgia landlord and renter lawsto learn more.
Request for possession
1. Filing an Application for Obtaining a Judgment and Obtaining a Judgment for Possession
The landlord must present valid arguments against the tenant. If the tenant does not respond to the subpoena and affidavit, or does not show up for the hearing, the landlord wins by default.
If the landlord doesn't win, he can still appeal7 TakePostjudgment for re-examination.
There is no specific timeline for scheduling the eviction hearing. It totally depends on the availability of the dish.
1. After the landlord wins the case
Provided the tenant does not request a reconsideration, a write of possession will not be spent less than7 Takeafter the landlord wins the case. At least the tenant gives the write of possession7 Taketo vacate the property.
2. Move Out Process
There is no specific time after the Writ of Possession is issued for officers to forcibly evict the tenant. It depends on how quickly they can execute the injunction after it's released.
If the renter leaves any belongings behind, the landlord is under no legal obligation to keep them or give the renter time to retrieve them. These can be disposed of immediately.
The tenants have7 Takemove out of the property after the landlord wins the case.
Timeline of Georgia eviction process
Below is the average time frame for a full eviction process. This schedule does not include special cases such as appeals for reconsideration. It's also not accurate because Georgia's eviction laws do not have specific notice periods that landlords must comply with.
|Notice received from tenants||Average timeline||Important things to remember|
|Initial Notice Period||24 hours to 60 days||Inform your tenant in writing or verbally.|
|Issuing and sending subpoenas and complaints||7 Take||Make sure no mistakes were made in the submission. Renter has 7 days to respond or pay their fees.|
|Court decision on the eviction and the posting of the title deed||7 Take||The court issues a writ of possession 7 days after you win the case.|
|return of possession||n / A||It depends on the availability of court officials and how quickly they can respond once the title deed has been released. Tenants have 7 days to vacate the apartment.|
On average it would take somewhere in between14 days to 80 daysfor a full evacuation procedure.
1. Next procedure if tenant objected and replied
In the state of Georgia, a tenant response is required to schedule a court date.
If the tenant responds to the subpoena and affidavit, the court will set a date for the eviction hearing. The date can range from a few days to a few months after a tenant's response.
If the judge rules in favor of the landlord, the tenant has7 Taketo appeal against the judgment and vice versa.
2. How to keep good records
If the tenant disagrees with the eviction request and responds to the court, it is important that you keep very good records of everything so you can present evidence to the judge and win your case. This part, in the event of a dispute, can make or break your entire eviction request.
You can stay organized by:
- Keep a physical paper trail- This will be VERY difficult to search, takes up a lot of disk space, and could be lost, damaged, stolen, or burned in a fire.
- Scanning documents- Scan any document into your computer. This is a great scannerBruder ADS-1700Wfor under $200 or thoseFujitsu ScanSnap iX1500for $400.
- fuses- Store and backup any file using Dropbox, Google Drive, OneDrive or any other option that is easily searchable.
- PMS- use oneproperty management softwareto store everything from leases, signed documents, violations, emails, notes, invoices, payments, reminders, maintenance requests, images, videos and anything else you can think of. This is best used if you also scan each document into your software.
3. Evidence of non-payment of rent
If the tenant does not pay the rent and disputes this claim, it is important that you show the judge:
- your rental agreement- Indication of the terms of the contract, the due date of the rent and any penalties for late payment.
- All Payments- View all past payments, how they were typically made (check, credit card, ACH, etc.) and what date they were typically paid.
- Any payment returns- If their check bounced, they didn't have enough funds in their bank account, or they had a chargeback dispute with their credit card, show it to the judge. Also, show any fees your bank may have charged you and any penalties you may be entitled to under your rental agreement.
- all messages- If you have sent your tenant automatic or manual payment reminders via SMS, email, letter or post, it is important to show this. While not usually required, it's still good to show they were aware of the situation and had time to heal and make the payment. That's why it's always best to have everything in writing, rather than phone calls or face-to-face meetings.
4. Evidence of Rent Violations
If you sue the tenant for rent violations, e.g. noise complaints, unauthorized pets, or property damage, it is important to provide evidence of one of the following methods:
- security cameras- If you have a surveillance system that can show that they committed the crime or violated the lease, you can safely say that you will usually win this dispute.
- Video- If you haven't caught them in the act, the next best thing is to use your phone to record a video of the damage or the breach of lease.
- Pictures- They say a picture says more than a thousand words. In this case, a picture could be worth thousands of dollars! Also, if you record a video, it's important to also show the judge all the pictures as it's usually easier to see via email or printed out.
- Rental Conditions- Show the court again what provision you breached in your lease. Don't worry if your rental agreement doesn't list every single condition. If the violation is serious enough, it may not be necessary to write it. However, as a good practice, you should start by including all possible reasons for a tenant's eviction in your contract.