Reasons

There are three reasons that a landlord can begin the eviction process in Georgia. These are an overdue rent, a breach of the lease agreement or a tenant's refusal to leave after the lease expires.

First Landlord Action

In Georgia, a landlord must first inform tenants that they must vacate the property. State law indicates that a landlord is not allowed to physically remove possessions and change locks without warning.

Second Landlord Action

If the tenant refuses to leave, the landlord must file a dispossession affidavit with the local magistrate. The affidavit includes the reason for starting the eviction process and affirmation that the landlord demanded the tenant's cooperation.

Tenant Action

The sheriff will serve the tenant with a summons to answer the affidavit within seven days after it is filed. If the tenant does not respond, the landlord may retake possession of the property. If the tenant protests the eviction, a court date is set to decide the matter.

Case Conclusion

If the court rules in favor of the landlord, the tenant must move within seven days and must pay any rent that is past due. The landlord cannot be awarded past-due rent if the tenant did not answer a summons that was tacked to the door and sent by mail.

Source:

Georgia Department of Community Affairs