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Eviction! What a nasty word, but unfortunately it’s an issue that has to be dealt with from to time when landlords are having problems with tenants, and in an economy like the one today, evictions are becoming more and more frequent. Whether the tenant is not paying rent like they should, or they have broken some other aspect of the rental agreement, eviction is when a landlord removes a tenant from a rental property. This process is definitely no fun for either the landlord or the tenant! Different jurisdictions have different laws regarding eviction. In Georgia, if rental payments are the issue, a landlord may not start the eviction process until a tenant is late on paying rental payments. The Georgia law on eviction states that before a tenant can be evicted, the landlord must first obtain a dispossessory warrant. A dispossessory warrant is a sworn statement signed by the landlord or his agent that states the reason for the proposed eviction (i.e. late with rental payment, keeping a pet on the premises when the terms of the rental contract did not allow for pets.) A copy of this warrant must also be given to the tenant. In the state of Georgia, a residential landlord must always use the dispossessory process even if the lease states otherwise. It’s the law! Once a tenant receives their eviction notice, they then have 7 days to respond to the notice. Any past due rent must then be paid to the court directly. If the tenant fails to answer and/or fails to pay the rent, the tenant may then be forced out of their home and onto the street. If a tenant is served with a warrant, and does acquire the money to pay the rent that is due and the cost of the dispossessory warrant, the tenant then can’t be evicted. However, if this is the second time in 12 months that such a notice has been filed, a landlord may refuse rent and have the person evicted. This is true even if a tenant is just a few dollars short on their rental payment. So what happens when a tenant doesn’t respond to their notice within 7 days? Well if this happens, the tenant then loses their right to challenge the eviction and can be evicted on the 8th day. Unfortunately there is not any room that allows for being late here. If a person is late in responding to the notice, they will most likely pay the consequences and be put out on the 8th day. Looking for professional property management in Columbus, Georgia? Get help managing your rental properties.
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