Full question:
How do you go about getting a person out of your house for non-payment of rent (also: utilities bill over $800) plus damages to the house?
- Category: Landlord Tenant
- Subcategory: Lease Termination
- Date:
- State: Georgia
Answer:
In Georgia, you can evict a tenant for several reasons, including non-payment of rent, failure to leave at the end of the lease, or breach of lease terms. Before starting eviction proceedings, review the lease to understand its terms regarding notice and termination.
First, you must demand that the tenant vacate the property, preferably in writing. If the tenant does not comply, you need to file a dispossessory affidavit with the magistrate court. This affidavit must include:
- Your name as the landlord
- The tenant's name
- The reason for eviction
- A statement that you demanded possession and were refused
- The amount of rent or money owed, if applicable
After filing, the court will issue a summons to the sheriff for service. The summons can be served in three ways:
- Personally delivered to the tenant
- Delivered to an adult at the tenant's home
- Tacked on the door and mailed to the tenant
The tenant has seven days to respond to the summons. If they do not respond, the court may grant you a writ of possession, allowing the sheriff to remove the tenant. If the tenant answers, a trial will be held, and they may be allowed to stay in the property while the case is resolved.
If the court rules in your favor, the tenant will have ten days to move and may be ordered to pay past due rent. If the tenant did not respond to a summons served by tack and mail, you may not be awarded rent or damages, but the court can still order them to vacate.
A tenant can avoid eviction by paying the amount owed plus court costs within seven days of receiving the summons. You must accept this payment only once in a twelve-month period. If you refuse the payment, the tenant can state this in their response to the affidavit. If the court finds you refused a proper payment, it may order you to accept it and allow the tenant to remain if paid within three days of the order.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.