Eviction (Answers to Common Questions)
This document answers questions that many people have about eviction and the eviction process.
By: Georgia Legal Services Program
How to Answer An Eviction Warrant Under Georgia Law you can be evicted if:
(1) You do not pay your rent, (3) You break your lease, or (3) You do not move out at the end of your lease. However, your landlord must follow the law to evict you. Your landlord cannot change your locks. Your landlord cannot put your things in the street. Your landlord must take you to court. When this happens, you will get an eviction or dispossessory warrant. You can answer this warrant and tell your side of the story.
By: Atlanta Legal Aid Society
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Korean / 한국어
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How to Appeal From a Magistrate Court Dispossessory If you lost your dispossessory trial in magistrate court, the judge will issue an order for you to be removed from the property (called a writ of possession). The judge may also hold that you owe your landlord money for rent and/or other charges. You have seven (7) days from the date of the judgment (usually the day of your hearing) to file your appeal. You can check with the court to find out when your appeal must be filed. If you do not file an appeal, your landlord can use the writ of possession and have you removed from his property no earlier than the eighth (8th) day following your trial. If the judge puts in his order that you owe your landlord money, your landlord may try to collect that money by garnishing your paycheck, back accounts or property. The landlord may also use a collection agency to try and collect the money from you.
By: Georgia Legal Services Program
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How to File a Dispossessory Answer If a Landlord wants a tenant to move out of rental property and the tenant will not voluntarily move, the landlord must go to court and seek an order permitting the tenant to be removed from the property. Once the terms of the lease have been followed, Georgia law requires the landlord to demand or request that the tenant immediately give up possession and vacate. This demand is best made in writing. If the tenant refuses or fails to give up possession, the landlord can file a Dispossessory Affidavit.
While the legal process can take several weeks, self help evictions, including changing the locks or threatening the tenant, are illegal under Georgia law. A landlord who suspends a tenant's utility service prior to the final judgment in a dispossessory action has broken the law and may be subject to a fine up to $500 under Georgia Law found at O.C.G.A. § 44-7-14.1. A tenant can take legal action against the landlord for damages suffered due to a wrongful self-help eviction. If the tenant cannot obtain an attorney, the claim can be filed in the magistrate court of the county where the landlord is located or as a counterclaim in the dispossessory action brought by the landlord.
By: Georgia Legal Services Program
Other Formats:
WPD File
Related Information
Housing Codes City and county housing codes are designed to keep neighborhoods in decent, safe and sanitary condition. The housing code sets the rules for basic upkeep and maintenance for decent housing. These rules are designed to prevent or correct problems that may cause unsafe or unhealthy conditions.
The code applies to all housing in your city or county. It can be very helpful to renters and homeowners. You can use the housing code to complain about bad housing conditions and other neighborhood problems.
By: Atlanta Legal Aid Society
Read this in:
Spanish / Español
Tenants' Rights As a tenant, you have rights, but you also have responsibilities. For your own protection, there are some things you need to do before you even sign the lease, while you are renting and when you move out. There are also things you need to know if your landlord tries to evict you.
By: Atlanta Legal Aid Society
Read this in:
Spanish / Español
Mortgage and Foreclosure Relief: Answers for Reservists, Guardsmen and Other Military Personnel
(Separate Website)
Information for service men and women about how the Soldiers and Sailors Relief Act helps with mortgage relief, lease termination and eviction issues.
By: U.S. Department of Housing and Urban Development (HUD)
How does a landlord remove a tenant in a dispossessory action?
(Separate Website)
First, the landlord must demand that the tenant give up possession and leave the unit. This demand should be made in writing. If the tenant refuses to leave, the landlord or his representative must go to the magistrate court and file a dispossessory affidavit under oath. The magistrate court then has the sheriff serve a summons on the tenant. The summons tells the tenant that he has seven (7) days from the date the summons is served to file an Answer with the court. The Answer is your chance to say why the landlord is not legally entitled to kick you out. In your Answer, you MUST include all your claims against the landlord. If the tenant fails to Answer, the lawsuit is in default, and the court can give the landlord a writ of possession that allows the sheriff to remove the tenant immediately. If the tenant answers, a trial of the issues will take place. If the trial results in a judgment in favor of the landlord, The tenant may stay in the rental unit until there is a court order to leave. The landlord may ask the court to order the tenant to pay rent into the court registry before the hearing takes place. If the court orders the rent payment and the tenant refuses to pay, the court can issue a writ of possession and have the sheriff remove the tenant immediately. The tenant can be ordered to pay the rent that is owed.
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When can a landlord remove a tenant?
(Separate Website)
In Georgia, a landlord can only remove a tenant by getting a court order through a dispossessory action. There are only three reasons why a landlord may legally remove a tenant:
1. Failure to pay rent
2. Failure to leave the unit at the end of the lease term; or
3. Breach of the lease, including disobeying any rules that are part of the lease, if the lease provides that breaking those rules allows the landlord to terminate the lease.
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LegalAid-GA is a project of Atlanta Legal Aid Society, Georgia Legal Services Program and the Pro Bono Project of the State Bar of Georgia. The project is funded by the Legal Services Corporation and the Georgia Access to Justice Project.
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