Getting Your Troublesome Tenants Out: Three Ways Atlanta and Greater Metro Atlanta Area Landlords Can Move Pesky Tenants Out of Their Homes Under Georgia Laws
For most landlords in the Atlanta and Greater Metro Atlanta area, owning rental property can be rewarding, but dealing with difficult tenants can quickly turn it into a stressful experience. Indeed, whether the problem is nonpayment of rent, property damage, or constant lease violations, Atlanta and Greater Metro Atlanta area landlords have legal tools to remove tenants who are not following the rules, but those tools can be confusing and hard to understand. Here we break down three ways in which Atlanta and Greater Metro Atlanta area landlords can get troublesome tenants out of their homes under Georgia laws, and how to find legal help to protect your rental property.
Moving Tenants Out of Your Rental Property in Atlanta and the Greater Metro Atlanta Area: The Basics
Under Georgia landlord-tenant laws, the reality is that a landlord cannot simply lock a tenant out or remove their belongings without a court order, even if that tenant violates the lease or intentionally damages the home. Doing so can expose the landlord to liability. Instead, the process for getting a tenant out of a rental property in Atlanta and the Greater Metro Atlanta area must follow the state’s lawful eviction procedures.
Evicting Tenants for the Nonpayment of Rent
One of the lawful reasons that Atlanta and Greater Metro Atlanta area landlords can remove troublesome tenants from their rental homes is if the tenant failed to pay the rent. According to Georgia landlord-tenant laws, if a tenant fails to pay rent when due, the landlord must first demand payment or possession of the property. This can be done verbally or in writing, but it must clearly notify the tenant of the demand. If the tenant refuses to pay or move out, the landlord may file what is known as a “dispossessory affidavit” in court. Once filed, the court will issue a summons to the tenant, who then has seven days to respond. If the tenant fails to respond, the landlord can obtain a writ of possession and have the sheriff remove the tenant.
Evicting Tenants for Lease Violations
The second reason that Atlanta and Greater Metro Atlanta area landlords can remove tenants is if those tenants violated the terms of the lease. If a tenant breaks the terms of the lease, for example, by causing significant property damage, engaging in illegal activity, or allowing unauthorized occupants, the landlord may terminate the tenancy according to the lease terms and Georgia law. There are certain procedures under Georgia landlord-tenant laws for giving notice of termination of the tenancy. However, once the tenancy has been properly terminated, the landlord may file for eviction if the tenant refuses to vacate.
Non-Renewal of the Lease
Finally, it is important for Atlanta and Greater Metro Atlanta area landlords to know that they do not have to offer to renew a troublesome tenant’s lease. When a lease term ends and the tenant does not leave or sign a new agreement, the landlord can require them to vacate. If the tenant stays without permission, the landlord can begin eviction proceedings.
Getting Legal Help to Protect Your Rental Property Rights in Atlanta and the Greater Metro Atlanta Area
There is no question that the eviction process in Atlanta and the Greater Metro Atlanta area can be time-consuming, technical, and overall may cause a headache when things are already difficult with your troublesome tenants. However, an experienced Atlanta and Greater Metro Atlanta area landlord-tenant lawyer can help you navigate the complex process correctly. An experienced Atlanta and Greater Metro Atlanta area landlord-tenant lawyer can ensure all notices are properly served, filings are accurate, and your rights as a property owner are protected. If you are in the Atlanta or Greater Metro Atlanta area and you need legal help, contact the experienced Atlanta and Greater Metro Atlanta area landlord-tenant lawyers at Evans Law. Contact Evans Law today and speak with a lawyer now.
