What Should Be the Tenant Response to Eviction Notice: A Guide
Getting an eviction notice can be a real shock to the system. Or it might be something you knew was coming. Either way, it certainly is something you try to avoid. When you do receive it, coming up with the appropriate response is key to making sure things don’t get even worse. So, what should be the tenant response to eviction notice or notifications be? Navigating this response could become very important moving forward.
It’s helpful to know the perspective of both tenant and landlords or property managers. Our Atlanta area property management navigates these waters often and so we know the rough terrain. Even when it comes to eviction, figuring out and properly executing your response is almost as important as what you did to get to this point. Let’s unpack this situation and make sure you have thought through your response before getting any further. In this article we will go over the following:
- A Suggested Tenant Response to Eviction Notice – We will go over the process a bit and a general overview of what a tenant’s response should be.
- Writing a Tenant Sample Response Letter – Then we will provide some templates or samples of response letters a tenant could use for this situation.
- For Landlords – Consider Professional Property Management – Finally, we will address how a professional property management service would benefit landlords, owners, and ultimately tenants.
A Suggested Tenant Response to Eviction Notice
Receiving an eviction notice can be stressful, but understanding your rights and the proper steps to take can help you navigate the process effectively. In Georgia, the eviction process, known as a dispossessory proceeding, begins when a landlord files a dispossessory affidavit in court, claiming that the tenant has violated the lease agreement or failed to pay rent. Once this affidavit is filed, the tenant is typically served with an eviction notice, either personally or by having it posted on the property and mailed.
Upon receiving an eviction notice, it’s important for tenants to act quickly, not wasting any time. Tenants in Georgia have seven days from the date of service to file an answer with the court. This answer allows you to present any defenses or counterclaims against the eviction. Failing to respond within this timeframe can result in a default judgment in favor of the landlord, leading to eviction without a court hearing.
In your answer, clearly state any defenses you have. Your tenant response to eviction notice should stay honest and straightforward. Common defenses include the landlord’s failure to maintain the property, acceptance of rent after the eviction notice was issued, or improper service of the eviction notice. On top of that, if you have any counterclaims, such as damages due to the landlord’s negligence, include them in your response. Providing detailed information and supporting evidence can strengthen your case.
After filing your answer, the court will schedule a hearing where both you and your landlord can present your cases. It’s essential to attend this hearing and bring all relevant documentation, such as the lease agreement, proof of rent payments, photographs of property conditions, and any correspondence with your landlord. Being well-prepared can significantly impact the outcome of the case.
If the court rules in favor of the landlord, a writ of possession will be issued, granting the landlord the right to regain possession of the property. However, if you believe the eviction was wrongful or if there were procedural errors, you may have the option to appeal the decision. Consulting with an attorney who specializes in landlord-tenant law can provide guidance on the best course of action based on your specific circumstances.
Writing a Tenant Sample Response Letter
It certainly would help – from a tenant’s perspective – to have examples and samples of what a formal response might look like. Sure, you could just wing it, but that probably isn’t a good idea. We have put together a number of tenant sample response letters to eviction notice notifications that could be used, with a focus on Georgia and what officials provide in that region.
- Dispossessory Answer from Fulton County Clerk of Superior Court
- Eviction Notice Response from Tenant Resource Center
- Dispossessory Answer – Georgia Court from RunSensible
For Landlords – Consider Professional Property Management
One of the best ways to avoid these common issues is by hiring property management. With a comprehensive management team on your side, you can feel confident that your rentals are in good hands. If an eviction becomes an issue, our professional property managers will work with tenants and landlords to resolve issues peacefully.
Bay Property Management Group offers full-service management, including tenant screening, maintenance, rent collection, and more. Contact BMG today if you need property services in Atlanta, Boston, Baltimore, Philadelphia, Texas, Northern Virginia, or Washington, DC.
