The Eviction Process

Let’s face it: the prospect of having to evict a tenant is not appealing. To a tenant, an eviction means possibly going to court, being forced to pay back rent, or even being put out onto the street without a place to live. To the landlord, an eviction can also be daunting because there are a number of steps that must be complied with before a landlord can get their property back

Simply put, an eviction, also known as a dispossessory proceeding, is the legal process by which a landlord retakes possession of rental property

This process is set by Georgia law, and is the only manner that a landlord may legally remove a tenant and recover the property. Any landlord faced with the prospect of evicting a tenant must carefully follow the requirements established by the Georgia landlord-tenant laws. Failing to do so has repeatedly been found to give rise to a lawsuit by the tenant against the landlord, even if the tenant is behind in the rent.

It is vitally important then that any landlord seeking to evict a tenant strictly comply with the requirements set by law to ensure the legal recovery of their property.

In order to evict a tenant, the landlord must first have good cause to do so. Most of the time it is because the tenant is behind in the rent - or even not paying the rent at all. However, there are other reasons a landlord may want to evict a tenant: that tenant could be refusing to leave after the expiration of the lease, or the tenant could be causing damage to the property beyond reasonable wear-and-tear, or a tenant could be violating some other term of the lease. Regardless, there must be proper cause for the landlord to evict.

Once proper grounds for an eviction exist, the landlord must give notice to the tenant. There are three basic types of notice: a pay or quit notice, cure or quit notice, or an unconditional quit.

The pay or quit notice is most often used when the tenant is behind in the rent, and the landlord informs the tenant that, unless the rent is paid, they will have to leave.

The cure or quit notice is used with the tenant is violating some term of the lease, other than the term which requires payment of rent. The landlord warns the tenant that unless that violation is fixed, they will be forced to leave.

An unconditional quit gives the tenant no opportunity to fix any violations of the lease and simply demands that the tenant leave the property within a certain time.

Once notice has been given to the tenant, and the tenant has failed to comply, the landlord may then file a dispossessory action. This is the actual lawsuit, filed in the county in which the property lies, which may grant possession of the property back to the landlord. It is important to note again that this is the only way a landlord may legally regain their property.

At Harlan and Associates, offer a whole suite of services for landlords to help you recover your property from a problem tenant. From writing appropriate demand letters to filing dispossessory actions and negotiating with your tenants, to representing you in court, we want to help you. Please contact us today to see how Harlan and Associates can be of or service to you.