Where can I find information about eviction documents in the state of Georgia?
Full Question:
Answer:
State of Georgia Landlord Tenant Law
Official Code 44-7
44-7-7. Sixty days' notice from the landlord or 30 days' notice from the
tenant is necessary to terminate a tenancy at will.
44-7-10. The tenant shall deliver possession to the landlord at the expiration
of his term; and, if he fails or refuses to do so, a summary remedy
pursuant to Article 3 of this chapter is given to the landlord.
44-7-16. All contracts for rent shall bear interest from the time the rent is
due.
44-7-50. (a) In all cases where a tenant holds possession of lands or
tenements over and beyond the term for which they were rented or leased
to the tenant or fails to pay the rent when it becomes due and in all cases
where lands or tenements are held and occupied by any tenant at will
or sufferance, whether under contract of rent or not, when the owner
of the lands or tenements desires possession of the lands or tenements, the
owner may, individually or by an agent, attorney in fact, or attorney at law,
demand the possession of the property so rented, leased, held, or
occupied. If the tenant refuses or fails to deliver possession when so
demanded, the owner or the agent, attorney at law, or attorney in fact of
the owner may go before the judge of the superior court, the judge of the
state court, or the clerk or deputy clerk of either court, or the judge or the
clerk or deputy clerk of any other court with jurisdiction over the subject
matter, or a magistrate in the district where the land lies and make an
affidavit under oath to the facts. The affidavit may likewise be made before
a notary public, subject to the same requirements for judicial approval
specified in Code Section 18-4-61, relating to garnishment affidavits.
(b) If issued by a public housing authority, the demand for possession
required by subsection (a) of this Code section may be provided
concurrently with the federally required notice of lease termination
in a separate writing. 44-7-51.
44-7-51. (a) When the affidavit provided for in Code Section 44-7-50 is
made, the judge of the superior court, the state court, or any other court
with jurisdiction over the subject matter or the judge, clerk, or deputy clerk
of the magistrate court shall grant and issue a summons to the sheriff or his
deputy or to any lawful constable of the county where the land is located. A
copy of the summons and a copy of the affidavit shall be personally served
upon the defendant. If the sheriff is unable to serve the defendant
personally, service may be had by delivering the summons and the affidavit
to any person who is sui juris residing on the premises or, if after reasonable
effort no such person is found residing on the premises, by posting a copy of
the summons and the affidavit on the door of the premises and, on the
same day of such posting, by enclosing, directing, stamping, and mailing by
first-class mail a copy of the summons and the affidavit to the defendant at
his last known address, if any, and making an entry of this action on the
affidavit filed in the case.
(b) The summons served on the defendant pursuant to subsection (a) of
this Code section shall command and require the tenant to answer either
orally or in writing within seven days from the date of the actual service
unless the seventh day is a Saturday, a Sunday, or a legal holiday, in which
case the answer may be made on the next day which is not a Saturday, a
Sunday, or a legal holiday. If the answer is oral, the substance thereof shall
be endorsed on the dispossessory affidavit. The answer may contain any
legal or equitable defense or counterclaim. The landlord need not appear on
the date of the tenant's response. The last possible date to answer shall be
stated on the summons.
44-7-52. In an action for nonpayment of rent, the tenant shall be allowed to
tender to the landlord, within seven days of the day the tenant was served
with the summons pursuant to Code Section 44-7-51, all rents allegedly
owed plus the cost of the dispossessory warrant. Such a tender shall be a
complete defense to the action; provided, however, that a landlord is
required to accept such a tender from any individual tenant after the
issuance of a dispossessory summons only once in any 12 month period.
44-7-53. (a) If the tenant fails to answer as provided in subsection (b) of
Code Section 44-7-51, the court shall issue a writ of possession
instanter notwithstanding Code Section 9-11-55 or Code Section
9-11-62; and the plaintiff shall be entitled to a verdict and judgment
by default for all rents due, in open court or in chambers, as if every item
and paragraph of the affidavit provided for in Code Section 44-7-50 were
supported by proper evidence, without the intervention of a jury.
(b) If the tenant answers, a trial of the issues shall be had in accordance
with the procedure prescribed for civil actions in courts of record except that
if the action is tried in the magistrate court the trial shall be had in
accordance with the procedures prescribed for that court. Every effort
should be made by the trial court to expedite a trial of the issues. The
defendant shall be allowed to remain in possession of the premises pending
the final outcome of the litigation; provided, however, that, at the time of
his answer, the tenant must pay rent into the registry of the court pursuant
to Code Section 44-7-54.
44-7-54. (a) In any case where the issue of the right of possession cannot
be finally determined within two weeks from the date of service of the
copy of the summons and the copy of the affidavit, the tenant shall be
required to pay into the registry of the trial court:(1) All rent and utility payments which are the responsibility of the tenant
payable to the landlord under terms of the lease which become due after the
issuance of the dispossessory warrant, said rent and utility payments to be
paid as such become due. If the landlord and the tenant disagree as to the
amount of rent, either or both of them may submit to the court any written
rental contract for the purpose of establishing the amount of rent to be paid
into the registry of the court. If the amount of rent is in controversy and
no written rental agreement exists between the tenant and landlord, the
court shall require the amount of rent to be a sum equal to the last previous
rental payment made by the tenant and accepted by the landlord without
written objection; and
(2) All rent and utility payments which are the responsibility of the tenant
payable to the landlord under terms of the lease allegedly owed prior to the
issuance of the dispossessory warrant; provided, however, that, in lieu of
such payment, the tenant shall be allowed to submit to the court a receipt
indicating that payment has been made to the landlord. In the event that the
amount of rent is in controversy, the court shall determine the amount of
rent to be paid into court in the same manner as provided in paragraph (1)
of this subsection.
(b) If the tenant should fail to make any payment as it becomes due
pursuant to paragraph (1) or (2) of subsection (a) of this Code section, the
court shall issue a writ of possession and the landlord shall be placed in full
possession of the premises by the sheriff, the deputy, or the constable.
(c) The court shall order the clerk of the court to pay to the landlord the
payments claimed under the rental contracts paid into the registry of the
court as said payments are made; provided, however, that, if the tenant
claims that he is entitled to all or any part of the funds and such claim is an
issue of controversy in the litigation, the court shall order the clerk to pay to
the landlord without delay only that portion of the funds to which the tenant
has made no claim in the proceedings or may make such other order as is
appropriate under the circumstances. That part of the funds which is a
matter of controversy in the litigation shall remain in the registry of the
court until a final determination of the issues.
44-7-55. (a) If, on the trial of the case, the judgment is against the tenant,
judgment shall be entered against the tenant for all rents due and for any
other claim relating to the dispute. The court shall issue a writ of
possession, both of execution for the judgment amount and a writ to
be effective at the expiration of ten days after the date such judgment was
entered, except as otherwise provided in Code Section 44-7-56.
(b) If the judgment is for the tenant, he shall be entitled to remain in the
premises and the landlord shall be liable for all foreseeable damages shown
to have been caused by his wrongful conduct. Any funds remaining in the
registry of the court shall be distributed to the parties in accordance with the
judgment of the court.
44-7-56. Any judgment by the trial court shall be appealable pursuant to
Chapters 2, 3, 6, and 7 of Title 5, provided that any such appeal shall be filed
within ten days of the date such judgment was entered and provided,
further, that, after the notice of appeal is filed with the clerk of the trial
court, the clerk shall immediately notify the trial judge of the notice of appeal
and the trial judge may, within 15 days, supplement the record with findings
of fact and conclusions of law which will be considered as a part of the order
of the judge in that case. If the judgment of the trial court is against the
tenant and the tenant appeals this judgment, the court may upon motion of
the landlord and upon good cause shown order the tenant to pay into the
registry of the court all sums found by the trial court to be due for rent in
order to remain in possession of the premises. The tenant shall also be
required to pay all future rent as it becomes due into the registry of the trial
court.
