The Step Eviction ProcessKeith J. Barraza February 20, 2022 0 COMMENTS
Kicking out a tenant in Georgia is a 6-step procedure: 1.) Proprietor’s eviction notification to the tenant, 2.) Renter’s reaction to the eviction notification 3.) Property owner’s testimony to the court (likewise called an expulsion legal action or dispossessory case), 4.).
Summons issued by the court to the renter to respond to the property manager’s testimony, 5.) Writ of property issued by the court, 6.) Removal of the occupant by the constable.
It is important to note in advance, under Georgia eviction laws, you need to have a court order to force out an occupant. You can not simply put the occupant’s residential property on the curb or harass them into leaving. See the conversation at the end of this article about “self-help” evictions.
Step 1, The Expulsion Notification.
The expulsion process in Ga starts with an eviction notice. You as the property manager need to demand that the occupant surrender property of the building as well as leave (vacate) the properties for some legitimate factor, like non-payment of the rental fee. This is generally finished with an expulsion notice.
Georgia expulsion legislations do not require the eviction notice to be created however it is a good idea. Considering that there is no requirement for the expulsion notice to be composed, there is additionally no requirement on what info a Georgia eviction notification must-have. Right here are a couple of pointers.
- Day of the expulsion notification.
- Name of the tenant or tenants upon whom the eviction notice is being offered.
- The building address.
- The factor for the eviction, e.g., occupant stopped working to pay rent for a specified period of time.
- The overall amount of unpaid lease, plus any late costs and various other fees, where overdue rent can be paid, as well as to whom it can be paid.
- A precise amount of time the lessee needs to pay rent (3 days, 5 days). Even much better, call a details day whereby the occupant needs to bring the rental fee as much as date.
- Explain how the expulsion notice was offered on the occupant.
Kind “example expulsion letter Georgia” or” Georgia expulsion notification example” into your preferred internet search engine for some instances.
Due to the fact that Georgia expulsion regulations do not require eviction notifications to be written, it additionally does not claim how they are to be supplied to the tenant either. A landlord can tape the eviction notification to the front door, hand supply it to a grown-up at the residential or commercial property, or send it using registered mail.
Step 2, The Occupant’s Action to the Georgia Expulsion Notification.
Once you offer your renter an expulsion notification, he/ she has 3 possible strategies:
1.) Repay rental fee as well as late charges. Georgia eviction regulations also require you, as a property manager, to accept repayment and quit expulsion procedures up to 7 days after the lessee was served with the expulsion claim.
2.) Move out. If the lessee does not repay rent but does move, the property owner can keep the security deposit as payment (or partial payment). Under Georgia eviction regulations, if the security deposit does not cover what you are owed you will certainly have to take legal action against the lessee.
3.) If the renter neither pays what is owed nor leaves the residential property, the next step in the eviction procedure in Ga is the eviction lawsuit/ dispossessory proceeding.
For more information, please take a look here to learn more.