As a lawyer in Georgia, I can advise that landlords have the legal right to evict a tenant who has not paid rent. However, there are specific legal steps that must be taken to do so properly.
The first step is to provide the tenant with a written notice to pay rent or quit the premises. This notice must be delivered personally or posted on the door of the rental unit. The notice must specify the amount of rent owed and provide the tenant with a deadline to pay the rent in full or vacate the premises. In Georgia, this notice must generally be given at least three days before starting the eviction process.
If the tenant fails to pay the rent or vacate the premises by the deadline specified in the notice, the landlord can then file a Summons and Complaint for Dispossessory Action in the appropriate court. The tenant will be served with the summons and will have a limited time period to respond, usually seven days. If no response is filed, the landlord may then seek a default judgment and proceed with the eviction.
If the tenant does file a response, a hearing will be scheduled in court. At the hearing, the landlord must prove that the tenant has not paid rent as required and that the required notice was given. If the landlord prevails, the court will issue a judgment for possession and the landlord can then obtain a Writ of Possession to have the tenant forcibly removed from the premises if necessary.
It is important to note that there may be exceptions or limitations to the above steps depending on the specific circumstances of the eviction. For example, tenants in federally subsidized housing may have additional rights and protections under federal law. Additionally, landlords must abide by state and federal fair housing laws and cannot evict tenants based on illegal discrimination.
If a landlord is unsure about the eviction process or believes there may be legal complications, it is recommended that they seek the advice of a licensed attorney.
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