Atlanta Eviction Process: How to Legally Evict in Atlanta
No landlord or Atlanta property management company wants to handle an eviction. However, if eviction becomes necessary, following county laws is crucial to ensure a smooth, legally compliant process. Today, we’re discussing eviction in Atlanta. We’ll review some legal reasons for eviction, the steps of the Atlanta eviction process, and how long an eviction may take.
Contents of This Article:
- Legal Grounds for Eviction in Atlanta, GA
- The Atlanta Eviction Process: Step by Step
- How Long Does the Atlanta Eviction Process Take?
- Protect Your Rental Business with BMG
Legal Grounds for Eviction in Atlanta, GA
Before we go over the steps of the Atlanta eviction process, it’s important to know why you may want to evict someone from your rental property. Some legal grounds for eviction in Atlanta include the following.
- Nonpayment of Rent- The most common reason for eviction is failure to pay rent on time. When a tenant is late on rent, landlords can issue a notice to pay overdue rent within a certain amount of time (3 to 7 days) or vacate the property.
- Lease Violations- Tenants may also be evicted if they violate the terms of the lease agreement. Violations may include housing unauthorized occupants, engaging in illegal activity, or causing excessive disturbances to neighbors.
- Holdover Tenancy- When tenants stay in a rental property without the landlord’s consent past the lease term, they’re considered a holdover tenant. In this case, landlords can evict them as usual, with proper notice.
The Atlanta Eviction Process: Step by Step
Evicting someone from your rental property isn’t necessarily an easy process. There are several steps you and your tenant must take before they can actually be removed from the property. From serving the eviction notice to attending a court hearing, the whole thing can take a while to play out. Here are the steps of the Atlanta eviction process.
- Landlord Serves an Eviction Notice
- Landlord Files a Lawsuit With the Court
- Authorities Serve a Summons and Complaint
- Tenant Responds to the Summons
- Landlord and Tenant Attend a Court Hearing
- Court Issues a Writ of Possession
Landlord Serves an Eviction Notice
The first step in the Atlanta eviction process is serving the tenant a written eviction notice. Depending on the reason for the eviction, the landlord may serve them a “pay or vacate” notice or a “comply or vacate” notice. From there, tenants typically have seven days to pay the total amount of rent owed, correct their violation, or vacate the property. However, for month-to-month tenants without a lease, landlords must give them a 60-day notice to vacate.
Landlord Files a Lawsuit With the Court
If the tenant fails to comply with the eviction notice within the 7-day timeframe, the landlord can file a “dispossessory affidavit” with the court. The affidavit must contain information like the reason for eviction, proof that the landlord has demanded possession of the property, the amount of rent past due, etc.
Authorities Serve a Summons and Complaint
The court will issue an eviction warrant once the landlord files the dispossessory affidavit. For evictions in Atlanta, a Fulton County officer will post a notice of eviction on the rental property door and mail a copy to the tenant. From this point, the tenant has seven days to respond to the eviction warrant.
Tenant Responds to the Summons
Tenants must file an answer with the court within seven days. If they contest the eviction, the Fulton County court will schedule a court date that both the landlord and tenant must attend. However, if the tenant fails to answer within seven days, the Atlanta eviction process will proceed.
Landlord and Tenant Attend a Court Hearing
At the trial, both the landlord and tenant have an opportunity to present their cases and any evidence they have to the judge. Landlords should bring copies of the lease agreement, the eviction notice, the dispossessory affidavit, and any evidence they have of the lease violation.
Court Issues a Writ of Possession
If the judge rules in the landlord’s favor, the court will issue a writ of possession. This gives the tenant a certain period (usually seven days) to voluntarily vacate the property. However, if the tenant refuses to leave, a sheriff will come to enforce the writ and evict the tenant.
How Long Does the Atlanta Eviction Process Take?
Landlords can conduct evictions in 30 to 45 days. However, several steps or obstacles may prolong the process, such as if the tenant contests the eviction.
The initial notice period can last anywhere from 24 hours to 60 days. For instance, landlords must provide a 60-day notice for month-to-month tenants without a lease to vacate. However, tenants with regular lease agreements usually have up to 7 days to respond to an eviction notice.
After the landlord files an official lawsuit with the court, tenants have another seven days to respond to contest the eviction or pay their dues. If the tenant contests the eviction, the trial must be scheduled within 15 days of the landlord filing the affidavit.
If the court rules in the landlord’s favor, tenants have seven days to voluntarily leave the property. If they refuse, a sheriff will come to remove them. This usually takes around a week or two, but it depends on the availability of sheriffs.
Overall, if a tenant does not contest an eviction, landlords can typically gain control of their property within 30 days.
How Much Does the Eviction Process Cost?
Evictions are not fun for landlords for several reasons. In addition to the time and effort involved, the cost of eviction is another burden that landlords have to deal with. Landlords in Atlanta can expect to pay the following expenses.
- Initial Filing Fees – $50 to $75
- Summons Service Fee – $25 to $50
- Attorney Fees – $200 to $500
- Writ of Possession Service Fee – $75
- Lost Rental Income – Varies
- Tenant Turnover Costs – Varies
Protect Your Rental Business With BMG
Whether you’re a landlord or tenant, the Atlanta eviction process is not something you want to deal with. For landlords, it’s costly and time-consuming. While sometimes it’s out of your control, it’s best to avoid eviction by selecting qualified tenants for your rental properties. If you need help finding good tenants, consider working with a property management team.
Bay Property Management Group helps landlords across Atlanta market properties, screen tenants, draft lease agreements, collect rent, and more. So, if you need a comprehensive team to help with any aspect of your rental business, look no further than BMG. Contact us today to learn more!
