How do you go about getting a person out of your house for non-payment of rent?
Full Question:
Answer:
As in most states, the basis for evicting a tenant in Georgia include:
1. Non-payment of rent,
2. Failure to surrender the premises at the end of the lease term, or
3. Breach of the lease, including any rules that are part of the lease, if the
lease provides such breach entitles the landlord to terminate the lease.
Before contacting the court to initiate eviction proceedings, the landlord
should read the lease and be familiar with its provisions and comply with its
terms regarding notice and termination. Once the terms of the lease have
been followed, Georgia law requires a landlord to go through court to
remove a tenant.
First, before going to court, the landlord must demand that the tenant
immediately give up possession and vacate. This demand is best made in
writing. If the tenant refuses or fails to give up possession, the landlord or
the landlord's agent or attorney must go to the magistrate court and file a
dispossessory affidavit under oath. The affidavit states:
1. The name of the landlord,
2. The name of the tenant,
3. The grounds for the eviction,
4. Verifies that the landlord has demanded possession of the property and
has been refused
5. The amount of rent or other money owed, if any.
The magistrate court will issue a summons to the sheriff where the property
is located. There are three ways in which the summons can be served:
1. Delivered personally to the tenant at home;
2. If the tenant is not home, it will be delivered to an adult who resides at
the home and understands the importance of the summons; or
3. The summons will be tacked on the door of the home and on the same
day sent by first class mail to the tenant's address. This type of service is
appropriate only if no one is at home when the sheriff attempts personal
service.
The summons requires the tenant to answer either orally or in writing within
seven (7) days from the date that the summons is served. If the seventh
day is a Saturday, Sunday, or a legal holiday, the answer is required the next
day that is not a Saturday, Sunday, or a legal holiday. The summons should
indicate the last day to file an answer and the court in which the answer
should be filed.
If the tenant fails to respond at the end of the seventh day, as listed on the
summons, the lawsuit is in default. The court can then grant the landlord a
writ of possession and the sheriff can remove the tenant immediately.
If the tenant answers the summons, a trial of the issues will be held in
accordance with the procedures of the appropriate court. The tenant is
allowed to remain in possession of the premises. The landlord may request
that the court order the tenant to pay rent into the registry of the court. If
payment is ordered, non-payment of rent into the registry could result in the
court issuing a writ of possession and the tenant becoming subject to
eviction.
Once an answer has been filed, and a hearing has been held, the court will
issue its decision. If the court rules for the landlord, the tenant will be
ordered to move after ten days and may be ordered to pay the past due
rent. After July 1, 1998, a tenant has only seven (7) days to move.
If the dispossessory warrant was served by tack and mail, and the tenant
did not file an answer, the court may not award rent or other damages to
the landlord. The court can still order the tenant to move.
A tenant whose landlord has filed a dispossessory affidavit because of non-
payment of rent may be able to avoid being evicted by paying all that the
landlord alleges is due plus court costs. This amount should be stated on the
dispossessory summons served on the tenant. The tenant must offer
payment within seven (7) days of receiving the summons. The landlord is
required to accept such payment from the tenant only once in a twelve
month period.
If a landlord refuses to accept an offer of tender, the tenant should file an
answer to the dispossessory affidavit stating that tender was offered, but
refused. After July 1, 1998, if a court finds that a landlord refused a proper
tender, the court can order the landlord to accept payment of rent, late fees
and court costs and require that the landlord allow the tenant to remain in
possession, if the payment is made within three days of the court's order. If
the court finds that the landlord refused a proper tender and orders the
landlord to accept payment, that payment will not count as use of the
tender defense which can only be used once every
