iFocus.Life News News - Breaking News & Top Stories - Latest World, US & Local News,Get the latest news, exclusives, sport, celebrities, showbiz, politics, business and lifestyle from The iFocus.Life,

Georgia Landlord Tenant Eviction Rules

104 10
    • You may think skipping a rent payment is harmless, but it can leave you homeless in the state of Georgia. A landlord has the legal right to evict you from the rental property for non-payment of rent, breach of the rental agreement or failure to vacate the premises at the end of the agreement, among other reasons. There is a process that landlords must follow before you or your belongings can legally be removed from the property.

    Notification

    • The good side to an eviction is the fact that your landlord is required by Georgia law to go through the courts before he can evict you from the property. Your landlord must notify you in writing to give up possession of the property and immediately vacate. If you refuse, your landlord must file a dispossessory affidavit under oath in magistrate court. A sheriff is then ordered by the magistrate court to deliver the summons in to you in person. If you are not home, the sheriff can leave the summons with an adult who shares the residence. The summons may be tacked to your door (a copy of the summons must be sent via first-class mail that same day) if the sheriff's attempt to deliver was unsuccessful. You have exactly seven days from receiving the summons to respond. If you do not respond, the court will order a default judgment, granting the landlord possession of the property.

    Late Rent Payment

    • There are ways tenants living in Georgia can avoid evictions. If your landlord has filed a dispossessory affidavit on grounds of non-payment of rent, you can pay the entire amount the landlord has alleged, plus any court costs, to avoid having a judge evict you. A dispossessory summons served on a tenant must detail the amount the landlord is requesting. Georgia allows the tenant to pay that amount within seven days of receiving the summons. You should be warned that your landlord only has to accept one such payment in a 12-month period. If your landlord refuses to accept the payment, you need to file an answer to the dispossessory affidavit stating that payment was offered but that your landlord refused. According to rentlaw.com, the court can then order the landlord to accept your payment within three days of notice, and allow you to remain in possession of the property.

    Court Ruling

    • Once you contest the landlord in magistrate court, a ruling is made. The judge can rule in your favor, allowing you to keep possession of the property. However, if the judge rules in favor of the landlord, not only must you vacate the property, but you must pay any past-due rent to your landlord. Once the court has ruled in favor of the landlord, you have seven days to move out of the property. If you were served the dispossessory affidavit by tacking to the door and by mail, the court will still order you to move out, but not may require you to pay rent or damages to your landlord.

Subscribe to our newsletter
Sign up here to get the latest news, updates and special offers delivered directly to your inbox.
You can unsubscribe at any time
You might also like on "Business & Finance"

Leave A Reply

Your email address will not be published.