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Understanding the eviction process in Georgia

| Jan 8, 2021 | Real Estate Litigation |

Landlords must follow specific procedures to legally evict tenants in Georgia. Both landlords and tenants should understand their rights and responsibilities in this situation. 

Review the process of legal eviction in Georgia when facing rental property issues. 

Eviction timeframe

Georgia landlords can serve tenants with an eviction notice as soon as the rent becomes late. This notice should specify an amount of time, often three days, in which the tenant must either vacate the apartment or pay rent. After this deadline, the landlord may file an affidavit to begin the eviction process with the local court. 

The state gives the tenant seven days after receiving an eviction notice to pay rent. If he or she does so, the landlord must stop the eviction proceedings. 

Notice requirements

Georgia recognizes both written and oral eviction notice. However, written notice provides a paper trail in case the eviction moves forward. This document should include the name of the landlord and the tenant, the address of the property in question, the amount of past-due rent and late fees, the process for bringing the rental account current, and the date that legal eviction will begin. 

The state does not provide guidance about delivering a written eviction notice. The landlord can give it to the tenant in person, put it on the door, or send it through regular or certified mail. 

Landlords may not turn off utilities or change the locks to evict tenants for nonpayment of rent or for any other reason. The tenant can pursue legal damages if the landlord attempts to do so.