Key Takeaways:
- Georgia evictions must go through the court system. Landlords cannot legally remove tenants from the property through self-help evictions such as changing locks, shutting off utilities, or removing belongings without notice. They will face legal issues and may have to pay court costs and attorney fees
- Common grounds for eviction cases include unpaid rent, lease violations, or remaining in the property after the lease ends. The process generally begins with providing the appropriate eviction notice to the tenant and the transfer of court documents from court to landlord to tenant.
- If the issue is not resolved, the landlord can file a dispossessory action with the court. Tenants typically have seven days after being served to file a response.
- Only a court-authorized writ of possession can result in a tenant’s removal. If the landlord prevails, the sheriff can enforce the writ and complete the eviction case.
Landlords have the right to evict a tenant or tenants from their rental property should the tenants fail to uphold the terms of the lease.
Common lease violations in the state of Georgia include nonpayment of rent, failure to uphold the lease terms, and failure to move out after the end of their lease term.
Georgia, just like every other state, requires landlords follow the eviction process through court under the Georgia landlord tenant laws.
It would be illegal if a landlord "evicts" their tenant by shutting off their tenant's utilities, removing the tenant's property from the unit, or locking them out from the rental property.
In other words, a landlord must give notice and cannot take an eviction into their own hands under the Georgia's eviction laws, unless they wish to appear in court, because self help evictions are criminal activity.
Understanding these laws is critical to the success of a Georgia landlord, which is why we at Liberty Real Estate have put together the following overview.
This is everything a landlord needs to know when it comes to the tenant eviction process in Georgia courts, from writs to rental violations.
Step 1: Provide Legal Grounds
When the eviction process begins in Georgia, a landlord must have a legal reason to evict a tenant according to Georgia eviction laws.
In other words, a landlord cannot arbitrarily decide they no longer want to rent to their tenant and engage in illegal activity to remedy that, or else they may wind up in court and saddled with court costs.
Under Georgia law, legal justifications to evict a tenant include the following:
- Past-due rent: failure by the tenant to pay rent owed on time.
- Holdover tenancy: Failure by the tenant to move out at the end of the lease term or tenancy while also not paying rent.
- Violation of the terms of the lease by the tenant.
Step 2: Terminate the Lease Agreement
According to Georgia law, once a landlord has the legal justification to remove their tenant, the next step in the eviction process is to terminate the lease early (or the rental agreement).
The law states that only legal action a landlord can take in this matter is by serving the renter with an eviction notice.
Basically, this eviction notice tells a tenant what they must correct within a certain date to avoid a possible eviction. So, a landlord must serve them the proper notice, if they don't, their tenant may use that as justification to delay their eviction.
Bear in mind, that if a landlord has charged their tenant a security deposit, they may have to resolve this once they have terminated the lease agreement and the tenant leaves the property.
The following are the legal reasons for eviction in Georgia and the appropriate written eviction notice to serve.
Nonpayment of Rent
Unlike most other states, Georgia law doesn't specify how much written notice a renter must be given in the event of unpaid rent.
However, it's a common practice for landlords to provide their renters with at least a 3 days' notice if the tenant has overdue rent.
If the tenant pays the rent owed within the 3 days after receipt of notice, then a landlord must stop further Georgia eviction proceedings against them.
However, if the tenant fails to pay rent within the 3 days, then the landlord can move to court and file the eviction lawsuit.
Failure to Move Out
A tenant who stays in the property longer than the term of the rental agreement is known as a “holdover” tenant.
To evict such a tenant from the property, a landlord must first terminate their tenancy by serving the tenant written notice. For tenants paying rent on a monthly basis, the landlord must give notice to them 60 days in advance.
If they continue staying after the notice period, you, the landlord, can move to court and seek their help with the eviction process in Georgia.
Violating the Rental Agreement
A landlord can also start the eviction process if the tenant violates a term of the rental agreement. In such cases, the state of Georgia doesn't require landlords to allow tenants to correct the lease violation committed.
Even so, when a landlord files for eviction, that landlord still must serve the tenant an advance notice prior to moving to court. A landlord is free to offer whatever written notice period they feel comfortable with, as the state is yet to legislate in this regard.
Typical lease violations that fall under this category include excessive property damage, destruction of trees, and removal of permanent fixtures, and a landlord can absolutely give notice and file for eviction action in this case.
The following are the typical methods that landlords use to serve eviction notices to their tenants in accordance with Georgia law:
- The landlord serves a copy of the notice to the tenant in person.
- The landlord leaves a copy with an adult occupant in the absence of the tenant.
- The landlord mails a copy to the tenant via first class mail.
- The landlord leaves a copy in a conspicuous area on the property a tenant cannot reasonably miss. The front door of the rental unit is the best practice in this instance.
Step 3: File An Eviction Lawsuit
If the notice period ends and the tenant hasn't moved out, a landlord can enter the legal process and begin filing, what the court refers to as a “dispossessory affidavit.”
The filing fee a landlord must pay for this court process document typically range between $60 and $75.
After the landlord successfully files the dispossessory affidavit, the court's clerk will then hand over the summons and affidavit to a process server for onward service to the tenant.
The service must be done in any of the following ways:
- Giving a copy of the summons to the tenant in person.
- Leaving a copy with an adult occupant in the absence of the tenant.
- Posting a copy of the summons at a conspicuous area on the rental unit AND mailing another copy via first class mail.
Step 4: Awaiting an Eviction Hearing and Judgement
After being served with the court hearing summons, the resident will have seven days to offer a tenant's response. This is a part of the eviction process meant to protect tenants from unlawful evictions.
If the tenant does not offer a response, the judge will pass a default judgment in favor of the landlord and the eviction process continues from there. Otherwise, if a tenant contests the eviction order, the trial is on!
Tenants file a response either verbally or as a written answer. If the tenant does take this legal action, the following are some defenses against eviction they may give in the civil or magistrate court hearing to avoid eviction:
- The eviction was in retaliation to the tenant exercising their right. Such as, reporting the landlord to a relevant government agency due to failure to make repairs to the unit.
- The eviction notice had errors such as errors in rent payment arithmetic.
- The tenant corrected the violation but you still went on with eviction process.
- The eviction violated the tenat's legal rights under the FHA, such as discrimination on the basis of the tenant's color, race, religion, nationality, or any other protected class.
Just as it would be if the tenant's response is not given, if the tenant doesn't appear for the eviction court date a default judgment will be made by the judge in your favor.
In other words, by court judgment, you, the landlord, will be issued a writ of possession for your rental property. The tenant will have a maximum of seven days to file an appeal.
Step 5: Remove the Tenant from the Property
If the landlord wins and receives a writ of possession, that legal document is the tenant's final notice in the Georgia eviction process timeline to vacate the property. This is the last step in usual eviction proceedings
The writ of possession is normally issued seven days after a successful judgment against a tenant. A writ of possession gives the sheriff the right to forcibly remove the tenant from a rental unit.
Any of the tenant's belongings, personal property or abandoned property left by the tenant is at the landlord discretion to return or dispose of after an eviction.
Bottom Line
Liberty Real Estate Services is a quality property management company in Hinesville. We can help you experience the benefits of owning an investment property, less the stress that is associated with managing it.
If you need help managing your rental properties, reach out now!
Disclaimer: This blog should not be used as a substitute for legal advice from a licensed attorney in your state. Laws change, and this post might not be updated at the time of your reading. Please contact us for any questions you have in regard to this content or any other aspect of your property management needs.
