How to Start the Eviction Process – A Step by Step Guide
No one wants to be evicted… and no one wants to evict someone. But it happens. Knowing the nuts and bolts of the process is really helpful for those who think they are about to go down that road. How to start the eviction process is one of the biggest questions landlords and property owners might face at some point. Making sure you do it correctly is key.
As a property services company that occasionally has to walk through the eviction process, knowing the ins and outs of those first initial steps is a big deal for setting the stage. Many times getting those first things right means heading off and “fixing” the problem before it escalates and goes on to the rest of the process. You never know. So, let’s get into how to start the eviction process in Georgia and in general, as well as go over some frequently asked questions related to it while we are at it.
Table of Contents
First Steps: How to Start the Eviction Process
Starting the eviction process in Georgia or wherever you might be isn’t something any landlord looks forward to, but sometimes it becomes necessary. Before doing anything, your first step should be to get familiar with Georgia’s laws about what you actually can evict someone for—and what you can’t. For example, you can’t kick a tenant out just because you don’t like them or because they filed a complaint. On the flip side, nonpayment of rent, lease violations, or staying after the lease ends can be valid reasons.
First and foremost, do some research on whether the eviction is being done legally… that is, you’re allowed to evict the tenant in the first place.
Once you know you’re on solid legal ground, it then starts with giving your tenant proper notice. In most cases, particularly in Georgia, that’s a “Notice to Quit”. This is a formal written notice that tells the tenant what the issue is and gives them a chance to correct it or leave. Georgia doesn’t have a strict timeline for all eviction types, except when it comes to nonpayment of rent. That usually requires a 7-day notice. But if your lease specifies something different, that might apply instead. If you’re seeking out how to start the eviction process in Georgia or wherever, getting those early steps right is so important.
Another important thing is that your notice is clear and in writing. It should include the reason for eviction, the action the tenant can take to fix it (if applicable), and the deadline. Keeping a copy for your records and delivering it in a traceable way (like certified mail or hand delivery) is smart… in case things go to court later.
Many landlords make the mistake of jumping ahead before giving the tenant a chance to respond to the notice. Don’t rush it. The notice period is important. Use that time to document everything… rent ledgers, photos, lease terms, past communications. Be prepared in case it escalates. Sometimes, the issue resolves during this period, especially with late rent. If the tenant catches up on payments or corrects the problem, you may not have to go any further. But if they don’t respond or refuse to comply, only then do you move on to the next stage.
That next stage involves heading to your county’s magistrate court and filing a dispossessory affidavit. This officially kicks off the court side of the eviction. Once filed, the tenant will be served, and they’ll have seven days to respond. If they don’t, you can win the case by default. If they do, a court date will be set. But none of that matters if the early steps weren’t done correctly… so taking your time upfront can make all the difference. Read more in-depth in our guide: An Overview of the Eviction Process in Georgia.
FAQ
How long is the eviction process?
In Georgia, the eviction process can take as little as two to four weeks if everything moves quickly and the tenant doesn’t contest the case. However, if the tenant files an answer with the court or requests a hearing, it can take longer—sometimes several weeks or more depending on the court’s schedule and how backed up they are. Once a court judgment is made, tenants may get a few extra days to leave before the sheriff carries out a physical eviction. The exact length depends a lot on how responsive both parties are and how busy the local magistrate court is. Official timelines and steps can be found in the Georgia Landlord-Tenant Handbook.
What should the tenant response to eviction notice or notifications be?
If a tenant receives an eviction notice in Georgia, the first thing to remember is that they don’t have to move out immediately. Instead, they should figure out whether the notice is for nonpayment, a lease violation, or another issue. A good next step is to respond in writing to the landlord… especially if they disagree with the reason or need a little more time. Sending a polite, clear tenant response to an eviction notice that acknowledges the notice and outlines the tenant’s intentions can help open communication and may delay or stop the eviction process.
How do you evict someone without a lease?
Evicting someone without a lease in most cases follows a similar process to evicting a tenant with one. In Georgia the person is considered a “tenant-at-will,” meaning they’re staying with the landlord’s permission but without a formal rental agreement. To start the eviction, the landlord needs to give the tenant a 60-day written notice to vacate (30 days if the tenant is ending the arrangement). If the tenant doesn’t leave after that period, the landlord can file a dispossessory affidavit and generally follow the same process that other evictions go through.
How Property Management Could Help
Navigating the eviction process can be complicated. The rules and timelines vary based on location and specific circumstances, so if you’re in Georgia, it certainly helps to know Georgia laws… and if you aren’t, get familiar with your own local eviction processes. How to start the eviction process in Georgia can involve its own little nuances. It’s also avoidable sometimes. Eviction should always be a last resort, and with the right property managers, you can avoid the lengthy and stressful process altogether. That’s where we come in!
If you’re a landlord or tenant in need of personalized advice, BMG here to help! Bay Property Management Group is a professional management company with the experience and expertise to help you thoroughly screen potential tenants, maintain your property, facilitate open communication to close the loops that lead to eviction. We’re the premier property management company in Sandy Springs and Atlanta areas, as well as Texas, Virginia, Maryland, Massachusetts, and other regions. Call us today!
