Eviction

[Newlandlord87]

Jurisdiction

Georgia

I have a tenant in my home that lease has expired but states on the lease that it is continued on a month to month basis. They are 2 months behind and have communicated they will not be able catch up payment. This is our first time being a landlord and renting out our home. I just want to know what are the right steps to take and how quickly we can get the tenants out so we can clean it up to place someone else in it.

 

[army judge]

The process can take anywhere from six to eight weeks, longer during Christmas/New Years.
The court clerk can give you a more accurate timeline, so ask when you file.

Read this, it explains what must be done in Dawsonville, GA

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Dawson County Magistrate Court - Dawson County
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If its another county, Google that county for info on how they do it.
Its the same throughout a state, this GA guide is useful:
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https://www.dca.ga.gov/housing/Hous...ownloads/Georgia_Landlord_Tenant_Handbook.pdf
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Understanding the eviction process in Georgia

 

[Gail_in_Georgia]

If this helps....
The first thing you need to do is provide your tenant with what is known as a Pay or Quit notice (when I go to court over such matters the first thing one of our judges asks is whether I have provided the tenant with this notice; I have to produce a copy for him to review).

I use a 3 day Pay or Quit notice giving the tenant 3 days to remedy the situation (pay the back rent or "quit"....move out within that time period). I leave this notice taped to their front door and keep a copy for myself.

Most can't/won't do either so on the 4th day I'm down at the Clerk of Court office filing for the "dispossessory" (as it's called in Georgia). Make sure you bring your payment for filing in cash and, if needed, the stamped envelope(s) needed to send this information to the tenants. The clerks are helpful in providing information on how to fill out the forms but they cannot provide legal information.

Once completed the tenants will be served notice of this filing (in my county this is done by the Marshal) and they have 7 days to respond. I am notified by postcard when they have been served notice that I have filed against them. If they do not respond to the court I go back down to the Clerk of Court on the 8th day and request my dispossessory affidavit, fork over some more money and wait for the Marshal's Service to contact me regarding the date and time of the actual eviction. With "luck" the whole thing can be done within a month.

If they do respond to the court with some excuse to justify not paying a court hearing is scheduled (this can take several more weeks; meanwhile these tenants are SUPPOSED to place rent in escrow in the court but RARELY do; instead they manage to remain living rent free in your place). At the hearing both you and the tenants can present your sides as to whether or not your request for the eviction should not be granted.

If all this sounds complicated, it's not. It just takes time especially if your tenants are smart cookies and try to drag this out by responding for a court hearing which can buy them an extra month of free living. Georgia tends to be a very landlord friendly state and judges don't really buy any excuses for not paying rent. However, it's important that landlords not let tenants get behind two months in rent payments.

I hope this makes sense.

Gail

 

[Michael Wechsler]

I'd also advise trying to make the process as amicable as possible. You should speak to them about whether they have made arrangements to move. If you can avoid having to evict them as well as a relationship that may make them less inclined to treat the property respectfully it will be an easier road. But as you probably know, unless it's a short time they'll probably squat until they will be forced out. You may want to retain a landlord tenant attorney as well, especially to ensure that next time you have a lease that provides you with some protection and a collection of a sufficient security deposit. You've got some great help in this thread and good luck to you with the process.