Atlanta, Georgia has the best restaurants, malls, and activities for the whole family. It's no wonder why people are flocking to the area. Any Georgian landlord will agree that property management is profitable.
However, what if you get a tenant that does not pay rent? The eviction process in Atlanta, Georgia is different from other states. Continue reading for excellent landlord advice on dealing with evictions properly.
Evict Tenants: What Are the Reasons?
There is one eviction for every seventeen renters. Plus, tenants do have rights, so make sure you have a good reason, like:
Fail to Pay Rent on Time
Rent is late if it is received one day after the due date unless there's a grace period. A landlord must provide the tenant with a written or verbal notice. This must be done before initiating the eviction procedure.
Most states require the landlord to wait a certain number of days before the eviction notice. However, Georgia leaves this decision up to the landlord. If the tenant pays the rent on time during the notice period, then they are safe.
Lease/Rental Agreement Violation
If a tenant breaches any lease agreements, the landlord can take action immediately. Lease breaches may include the following:
- Staying longer than the lease stipulates
- Creating a disturbance among the other residents with noisy activities
- Negatively affecting rental property
- Tobacco use in non-smoking locations
- Keeping pets in non-pet-friendly residences
- Criminal activities
- Prostitution
- Theft, assault, and violence
There is no formal notice time that landlords must adhere to. It is entirely up to them or the lease/rental agreement's provisions. Eviction can happen if the tenants occupy the area after the notice period expires.
Non-renewal of the Lease After the End of the Rental Term
If the tenant remains in the property for more than a day after their lease agreement expires, that can be an issue. The landlord may serve a formal notice to vacate. If the lease is a month-to-month arrangement, then there should be a 60-Day Notice to Vacate.
How to File a Complaint?
After the notice time has expired, the eviction procedure may commence. The procedure for eviction is as follows:
- Proceed to the court where the rental property is located
- Submit an affidavit
- Pay the applicable fees
In Georgia, filing costs begin at $60 and may go up to $75. Prices may vary by court. The notice period may be as little as 24 hours or as long as 60 days.
Serving the Tenant
The court officer personally serves the tenant with the Summons and Affidavit. If the renter cannot receive this, an adult residing with the tenant may receive them.
If none of these options is feasible, the server sends the papers through first-class mail. When the court official uses this procedure, they leave a copy of the paperwork with the renter. It is secured and prominently displayed at the tenant's rental property's door.
After the Summons and Complaint
The tenant has seven days after receiving the Summons and Affidavit to file a response. If the renter is being evicted for nonpayment of rent, the tenant has seven days to pay in full to prevent eviction.
There is no time limit on when the paperwork must be served on the renter. However, the court will not schedule a hearing until the tenant responds.
Have Questions About Evictions?
Tenant eviction is never easy and can also be expensive. Knowing the laws in your area can help ensure that the process goes smoothly. Make sure to gather all the proper evidence and see if there's any way to compromise.
Make sure you have an experienced attorney on the case. If you need more landlord tips, check out our website. You can contact us for more information on evictions in the Atlanta, Georgia area.
