FILING AN EVICTIONSIN Georgia

Eviction in Georgia must be filed in the Eviction and precinct where the property is located. Complete the “Petition for Eviction for Non-Payment of Rent” and have it notarized. Bring a copy of your “Notice to Vacate” along with the Eviction form and any copies that you would like to have for your own records. You’ll be given a court date when you file your Eviction with the Court or soon there after. This is usually between 2 and 3 weeks.

There are four steps in the BASIC Georgia Eviction process:

• The notice to vacate
• Filing the Suit
• Going to Court
• On rare occasions Writ of Possession (Not included in our fees for the Eviction)

1. The notice to vacate

If a landlord alleges a tenant is not paying rent, the Landlord is required by law to give the tenant written notice to vacate the premises. This notice can be delivered to the tenant personally with a witness, by certified mail (return receipt requested) or by any other method allowed by law. Unless your lease specifically states otherwise, the law requires you to deliver the written notice, and then wait three days before filing your suit in Justice Court. This is a legal requirement which must be met and cannot be overlooked.

2.  File a dispossessory affidavit under oath

If the tenant refuses or fails to leave, the landlord can file a dispossessory affidavit under oath in magistrate court.  The Disposessory costs of $124 (subject to change if more defenadants). These court costs pay for filing your suit, your court hearing, and for the Constable to serve the citation. The citation is the notice to the tenant that you are attempting to evict him.

3. Going to Court

You must go to Court and prove your case by a preponderance of the evidence. Simply filing a suit does not necessarily mean you will win your suit. You should bring all documents and other evidence with you to Court in a well organized fashion. At the hearing, you will have to present evidence to show that you are entitled to possession of the premises.

4. Writ of Possession

If the court rules in the landlord’s favor, the landlord should request a writ of possessionthat requires the tenant move after seven (7) days and pay past rent owed. The writ is a separate document from the court’s order. Once a writ of possession is issued, the following occurs:

• • Generally, the sheriff will supervise the landlord’s removal of a tenant who refuses to leave the property. The landlord is responsible for the cost of eviction.
  • When a tenant’s personal property is removed, it must be placed on some portion of the landlord’s land. If the landlord and officer executing the warrant agree, the property may be placed on land other than that owned by the landlord, such as the sidewalk or street. The landlord must use reasonable care in removing the property, but once removed, the landlord cannot be held liable for anything that happens to the tenant’s private property. If the landlord transports the property elsewhere or leaves it in the unit, he may be sued by the tenant for taking the property.

Once judgment has been entered in the landlord’s favor, the tenant can still be removed even if the tenant pays the landlord.

How long does it take to evict someone in Georgia?

From start to finish approximately three weeks. (minimum time frames as state in the Georgia Property code). In practice if everything goes perfect this might happen.

20-23 days is the minimum amount of time to evict someone in any Eviction in Georgia. It must also be noted that any Eviction suit is subject to appeal to the Eviction Courts-at-Law.