Eviction Help!!! (lease, tenants, landlords)

[lwilson80]

Hello,

Can somebody please tell me what is the current eviction process for the state of Georgia? My friend may be getting evicted and reached out to me, however, I no longer reside in the state to provide accurate information. Therefore, any help would be greatly appreciate.

[Dude of Gwinnett]

There is so much missing information. I would advise your friend to contact legal representation, or do the actual research himself.

[Atlwarrior]

It's also depends on the county. The quicker you start the process the better.

[jeoff]

Assuming that you know nothing, here is a little bit of background info that is not a substitute for getting legal help--but just to give you a very general idea how it works some places.
(Btw, some counties have FAQs for landlords and tenants on their magistrate court websites.):
In Gwinnett and Barrow what I've seen (more or less) is that the landlord first lets the tenant know that he wants them out. Then files a dispossessory notice with the county. The sheriff tacks the notice on the door. Tenant then can choose to fight the dispo in magistrate court or not. Assuming the tenant fights the dispo and everyone shows up and the tenant loses in court--the tenant may be given a certain amount of time to move out on their own, after that time the landlord can bring a writ of possession to the Sherrif and arrange for the tenants possessions be brought to the curb. I've been told that if the landlord accepts any payment after the dispo has been filed, then the process has to start over (but that would have to be proven).

[flamadiddle]

"Your Friend" could just pay the rent or leave, problem solved.

[ATLTJL]

"Your Friend" could just pay the rent or leave, problem solved

Exactly.

Who wants to live in a place that wants to evict you, anyway? And if your friend can't afford to pay the rent, he should find a cheaper place pronto.

[jeoff]

Originally Posted by jeoff

Assuming that you know nothing, here is a little bit of background info that is not a substitute for getting legal help--but just to give you a very general idea how it works some places.
(Btw, some counties have FAQs for landlords and tenants on their magistrate court websites.):
In Gwinnett and Barrow what I've seen (more or less) is that the landlord first lets the tenant know that he wants them out. Then files a dispossessory notice with the county. The sheriff tacks the notice on the door. Tenant then can choose to fight the dispo in magistrate court or not. Assuming the tenant fights the dispo and everyone shows up and the tenant loses in court--the tenant may be given a certain amount of time to move out on their own, after that time the landlord can bring a writ of possession to the Sherrif and arrange for the tenants possessions be brought to the curb. I've been told that if the landlord accepts any payment after the dispo has been filed, then the process has to start over (but that would have to be proven).

Of course it would be best to work things out with the landlord (pay the rent or leave), so he does not file a dispo at all.

[ElleKaye]

It depends on the reason for the eviction. If it is non-payment of rent, then either your friend can prove they paid it or they can't. If it is for some other reason like violation of the lease or maybe an illegal eviction because the landlord didn't like the way the food they cooked smelled, then they'd have to go to court to prove otherwise.

The basics are the landlord files, a deputy serves the tenant with the notice (or places on door and a decision is made in court whether or not it is a valid reason.

If the landlord wins, then the only real difference with the process between counties is how long it takes for the actual removal of property. For instance, in Cobb County, the person will likely be out with locks changed before the end of the month. In Fulton, it may take two months or longer.

What part of the process is your friend confused about and where in the metro do they live?