Eviction procedures in Georgia give tenants ample time to comply with the terms of a rental agreement before the eviction process can even start. For instance, before a landlord can evict – they must make a written demand stating that full rent is due by a specific date. If the tenant fails to comply with that written demand, the landlord then must give the tenant up to 30 days to vacate the property prior to an eviction ruling.
Like every other State, an eviction proceedings involves the court. In most counties through Georgia, this is handled by the Magistrate Court. However, a few counties in Georgia actually put the responsibility on the State Court. On a few different websites, like Legal Beagle, they suggest giving the tenant a warning about the breach of contract and a few days to fix the matter. According to Legal Beagle, “Wait until the 10th of the month to see if the tenant cures the breach. If not, file an affidavit stating the rent owed and the grounds for the eviction in the Georgia Magistrate Court located in the county where the tenant is residing,” reads the Legal Beagle.
Once eviction papers are filed in court, the tenant has to be served. The judge schedules a hearing. As a landlord, you should make sure all your paperwork is in order. You need proof that the tenant is not complying with the terms of the lease. Pictures showing property damage or lack of maintenance are needed if that is the eviction claim. Once the judge orders an eviction, a deputy is assigned to observe the landlord and tenant during the eviction process. The landlord is on his own to hire help to move any of tenant's possessions.
In our research about the Peach State, we found a landlord-tenant resource guide that was referenced by many articles about the eviction process in Georgia. Regardless, you should always consult with a local attorney before starting the eviction proceedings.
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