In Georgia, a landlord has the right to evict a tenant if he or she does not pay rent on time. There are also other circumstances in which a landlord may determine that the tenant is not living up to his or her responsibilities. Not sure if you have the right to evict your tenant or how to go about it properly? This guide will help you through the process.
When Are Eviction Notices Issued?
Eviction notices can be issued the day after the tenant fails to pay rent on time.
A written notice of eviction should include the date of issue, name and address of tenant, reason for eviction, and total amount past due. Landlords can also discuss how long the tenant has to pay rent or move out before the legal proceedings are initiated. The notice can be personally given to the tenant, posted on the front door, or mail via registered or certified mail.
If the tenant refused to pay rent after this, landlords have the right to file an affidavit with the court to begin the process of legal eviction. There is no amount of time during which this must happen.
Once the landlord files for eviction, also known as dispossessory, the tenant will be issued a summons. Once at court, the tenant will be asked why he or she has failed to pay rent. The judge may recommend mediation or grant possession of the house within the next week.
\What Happens to Personal Items Left Inside a Home?
There are some cases in which the evicted tenant does not remove all items from the home. Possessions can be returned to the tenant or discarded of. Moving companies may offer eviction services to get these items out of the house. Vehicles may also be removed from the property.
What Are Reasons for Eviction?
Eviction is most common after the tenant failed to pay rent, but there may be other circumstances involved as well. Tenants may have breached the terms of the lease or failed to leave after the end of the lease.
What Are Reasons an Eviction May Not Go Through?
In some cases, the court deems that the eviction does not stand. For example, a tenant can pay the rent in full alongside court fees upon receiving a court summons for the eviction proceedings.
The landlord may also not receive the eviction requested if he or she has no made certain repairs to the home. Additionally, the landlord may not request an eviction on the basis of discrimination based on gender, religion, nationality, disability, or family.
What if Property Has Been Abandoned?
If a landlord owns property and believes it to have been abandoned, it is important to take caution. Mistaking property for being abandoned could be grounds for a wrongful eviction case. Additionally, property is not legally abandoned if the tenant is still paying rent and utilities.
A landlord who believes property to be abandoned should file an affidavit after rent is officially late.
What Happens after a Tenant is Legally Evicted?
After the tenant has been deemed evicted by the court, the landlord is not responsible for physically removing the tenant. This is the duty of a law enforcement official. When it comes to belongings, law enforcement may opt to supervise removal of belongings.
Can a Landlord Force an Eviction through Utilities?
No, it is not legal for a landlord to force an eviction. Landlords who shut off utilities or change locks as part of a self-help eviction may end up owing money to the tenant for wrongful eviction.
Do Landlords Need to Hire Lawyers?
There are many reasons why a landlord would choose to hire a lawyer. Lawyers can provide assistance with eviction practices, especially cases in which abandoned property or possessions are financially valuable. The lawyer can also provide protection against claims of wrongful eviction or destruction of personal property.