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The steps of evicting a tenant in Georgia

Being a landlord of a few small properties is a good way to earn extra income. However, sometimes the landlord role includes fulfilling unpleasant responsibilities. One of the most undesirable is having to evict a tenant.

The situation can go much more smoothly if you understand the correct way to proceed and have legal assistance by your side. These are the Georgia eviction laws you need to know to reduce the likelihood of any litigation.

Make sure the rent is late

The first step is to ensure the rent is truly late according to your lease agreement. Also ensure that you did not misplace or forget to record the payment. This is why organized bookkeeping is very important to being a landlord.

Give proper notice

Before you proceed with any legal action, you must give the tenant the opportunity to pay. Give the person a Notice to Quit with the following information on it:

  • The tenant’s name and address
  • The date of the notice
  • The amount of rent and late fees due
  • The date the money is due or the tenant needs to move out
  • The legal action you will take next if the rent is still unpaid

You can have an attorney help you draft the document to ensure it holds up in court if necessary. Also, keep thorough documentation off all interactions and paperwork to use as evidence.

Go to court

If the tenant still does not pay, then file a dispossessory affidavit to begin the formal eviction process. The proceedings will take time, but doing it correctly will protect your rights. Do not evict the person on your own or harass the tenant into leaving, as this can lead to you being the one in trouble instead. Allow the sheriff to deliver the Summons and the tenant to respond.

Ensure you handle the situation appropriately and do not make mistakes by hiring an experienced lawyer to help you. An attorney will also know the types of defenses the tenant may use. If things go in your favor, the person will receive a Writ of Possession and will have to leave.

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Miles Hansford & Tallant, LLC
202 Tribble Gap Road Suite 200
Cumming, GA 30040

Phone: 770-744-1111
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