An Overview of the Eviction Process in GA
The possibility of eviction is a looming proposition for people. That is the case whether you are the renter and even the landlord or property owner… no one enters into a rental agreement wanting eviction. But at the end of the day, it happens sometimes. Knowing what to expect (or how to carry it out) is incredibly important. The interesting part of it is that it can vary some from one state to the next. The eviction process is GA is not the same as the eviction process in MA. Georgia has its own state-related regulations.
It is a delicate situation. As an Atlanta property management company we take the process very seriously. We also know that there are laws and regulations put in place to guide landlords so that they treat tenants fairly, even in cases where eviction is eminent. So, let’s take a look at the eviction process in Georgia and make sure we cover a lot of the basics of what can be expected.
Table of Contents
- What is the Eviction Process in GA?
- Advice for the Eviction Process in Georgia
- Why Not Get Property Management Services to Help?
What is the Eviction Process in GA?
So you find yourself in Georgia and eviction is on the table… whether you are the landlord or the tenant who might be evicted. What do you do? It’s important to know some of the basics of the eviction process in Georgia so you have an idea of what to expect.
First, know the common reasons why someone could be evicted. How did you get here? Common grounds for eviction include non-payment of rent, violation of lease terms, or staying beyond the lease period without renewal. It’s important to note that Georgia law prohibits landlords from conducting “self-help” evictions – such as changing locks or shutting off utilities – to force a tenant out. All evictions must go through the court system.
The eviction process in Georgia typically begins with the landlord providing the tenant with a notice to quit, which can be written or verbal. This notice informs the tenant of the landlord’s intention to regain possession of the property and the reason for eviction. The duration of the notice period may vary depending on the circumstances and the terms outlined in the lease agreement. So make sure you check what the lease agreement says.
If the tenant fails to comply with the notice to quit, the landlord can then file a dispossessory affidavit. This formally initiates the eviction lawsuit. The court will issue a summons, which must be properly served to the tenant, informing them of the legal action and the scheduled court hearing date.
What happens during the court hearing? Good question. In it, both the landlord and tenant present their cases. If the court rules in favor of the landlord, it will issue a writ of possession, granting the landlord the right to reclaim the property. The tenant is typically given a set period to vacate voluntarily. If the tenant does not leave within this timeframe, the landlord may enlist law enforcement to enforce the writ and remove the tenant. Throughout this process, staying aligned with Georgia’s legal procedures is really important to make sure that the rights of both parties are respected.
One might be wondering just how long this eviction process actually takes? There are many factors, but overall, it could take anywhere from a month to several months.
Advice for the Eviction Process in Georgia
One can look to law offices in Georgia for some advice for people going through the eviction process in Georgia. Of course, none of this is the same as speaking directly with professional lawyers. But it can help to get a few bits of overall advice here.
First and foremost. Get familiar with the Georgia Landlord-Tenant Handbook! Like, right now. It provides in-depth information on rental agreements, tenant rights, the eviction process, and a lot more. It is super helpful as a first step and is available through the Georgia Department of Community Affairs (DCA). This advice goes for both landlords and tenants.
If you’re at risk of eviction due to financial hardships, consider exploring rental assistance programs offered by the state. The Georgia Rental Assistance (GRA) Program has been very helpful in providing aid to tenants by covering rent, utilities, and other housing-related expenses. While the program has assisted many, it’s important to check the current availability of funds and application procedures.
Legal assistance is also available for tenants facing eviction. Organizations like the Georgia Legal Services Program (GLSP) and Atlanta Legal Aid Society offer free legal services to eligible individuals. These organizations can provide guidance, represent you in court, and help you understand your rights throughout the eviction process.
Overall, make sure that you act promptly when facing eviction. Respond to any court summons and attend all scheduled hearings. Ignoring legal notices can be a bad idea. The problem isn’t going to just go away.
Why Not Get Property Management Services to Help?
Navigating the eviction process in GA or anywhere can be complicated. This is because the rules and timelines vary based on location and specific circumstances. Eviction should be a last resort, and with the right property managers, you could avoid this lengthy (and stressful) process altogether.
If you’re a landlord or tenant in need of personalized advice, we’re here to help! Bay Property Management Group is a professional property management company in Georgia, Texas, and other states with the experience and expertise to help you thoroughly screen potential tenants, maintain your property, and facilitate open communication to close the loops that lead to eviction. Contact us today to learn more!
