Georgia Tenant Eviction Process: A Guide

As a landlord in Georgia, you must navigate the tenant eviction process with a clear understanding of the state's specific legal requirements. Knowing the ins and outs of Georgia's landlord-tenant laws is crucial, especially when it comes to issuing the correct notices.

Follow this step-by-step guide to efficiently manage the eviction process in Georgia. It's designed to help you sidestep common pitfalls that could threaten your property rights.

Reasons You Can Legally Evict a Tenant in Georgia

In Georgia, the following tenant actions allow you to legally begin eviction procedures:

• Nonpayment of rent: A landlord can evict a tenant for not paying rent on time. Georgia law does not specify a required notice period forth is, but common practice is to give a tenant a short period (often 3 days) to pay or vacate § 44-7-50 (2020).
• End of lease/No lease: A tenant can be evicted at the end of a lease term or if there is no lease in place (e.g., a "holdover tenant" or "tenant at will"). Landlords must provide a 60-day notice for month-to-month tenants (Georgia Landlord-Tenant Hanbook).
• Lease violation: Tenants can be evicted for violating lease terms or not upholding their responsibilities under Georgia landlord-tenant law. Landlords are not legally required to give tenants a chance to fix the violation, but they must provide notice to comply or vacate (§ 44-7-24).
• Illegal activity: Landlords can evict tenants for illegal activities conducted on the premises. This includes activities like engaging in or promoting prostitution. Immediate notice to vacate is required for illegal activities (§ 44-7-50 (2022)).
• Failure to maintain premises: If a tenant fails to keep the premises in a clean and sanitary manner, refuses landlord access, disturbs the peace, causes damage, allows unauthorized occupants or pets, damages landscaping, or misuses fixtures, they can be evicted (Georgia Landlord-Tenant Hanbook).

Procedure for Tenant Eviction in Georgia

Evicting a tenant in Georgia involves a series of critical steps. For an eviction to be legal and effective, each of these steps must be carried out in compliance with the state's legal requirements.

1. Serve Written Notice to the Tenant

The eviction process in Georgia begins with the landlord serving the tenant a written notice. It must be delivered in person, to someone of suitable age at the property, or posted conspicuously on the premises and mailed.

2. File a Complaint with the Court

If the tenant does not resolve the issue outlined in the notice, the landlord can file a complaint with the court. This step involves submitting a dispossessory affidavit or warrant in the appropriate court, along with the required filing fees.

3. Tenant Files an Answer

After receiving the court summons, the tenant has seven days to respond either in writing or verbally. If the tenant fails to respond, the court may issue a default judgment in favor of the landlord.

4. Court Hearing and Judgment

The court will schedule a hearing where both parties can present their case. The timeline for this hearing varies depending on the court's schedule. If the judge rules in favor of the landlord, a writ of possession will be issued.

5. Issuance of Writ of Possession

The writ of possession is the final notice for the tenant to leave the property. It is issued seven days after the court's judgment in favor of the landlord. This writ allows the tenant time to remove their belongings before the sheriff enforces the eviction.

6. Return of Property to Landlord

If the tenant remains on the property after the writ of possession is issued, the sheriff or constable will enforce the eviction. The timeline for this action can vary, but it typically occurs a few days to a few weeks after the writ is issued.

Understanding and Avoiding Wrongful Evictions in Georgia

Per Georgia's eviction regulations, it's crucial to follow the correct procedures to ensure your eviction case is legally valid. To avoid an unlawful eviction in Georgia, be mindful of the following:

• Notice requirements: In Georgia, the notice period for eviction can range from as little as 24 hours to up to 60 days. This is particularly important in cases of non-payment of rent or lease violations. Not adhering to the appropriate notice period can result in an invalid eviction process (Ga. Code Ann. § 44-7-50).
• Prohibited practices: Engaging in self-help eviction tactics, such as changing locks, removing tenant's belongings, or shutting off utilities, is illegal in Georgia. These actions can lead to claims of wrongful eviction.
• Avoiding discrimination and retaliation: It is unlawful to evict a tenant based on protected characteristics such as race, gender, religion, etc., or in retaliation for actions like reporting unsafe living conditions.

Additionally, constructive eviction, where a landlord's actions or neglect renders a property uninhabitable, thus forcing the tenant to leave, is also considered illegal.

By diligently adhering to Georgia's state laws, landlords can avoid legal and financial consequences, including potential lawsuits and penalties imposed by the state.

Georgia Eviction Process Timeline

In Georgia, the timeframe in the eviction process can take from 1 to 3 months, depending on various factors such as the type of eviction, whether the eviction is contested, and court schedules. The process may be extended if the tenant appeals the court's decision.

The following table summarizes the typical timeline for each step in the eviction process in Georgia, though actual times may vary based on individual circumstances and local court schedules:

• Reasons You Can Legally Evict a Tenant in Georgia
• Procedure for Tenant Eviction in Georgia
  • 1. Serve Written Notice to the Tenant
  • 2. File a Complaint with the Court
  • 3. Tenant Files an Answer
  • 4. Court Hearing and Judgment
  • 5. Issuance of Writ of Possession
  • 6. Return of Property to Landlord