Atlanta Eviction Lawyer

Atlanta Eviction Lawyer

When a tenant fails to pay their rent or otherwise breaks the terms of the lease, an eviction is sometimes the only way forward. An Atlanta Eviction Lawyer can help make sure the process is followed correctly and the eviction takes place as promptly as possible.

NO MATTER WHAT EVICTION SITUATION YOU ARE FACING

If you are facing the prospect of eviction and are unsure what steps need to be taken, we can help. If you need answers and advice, let us be your trusted advocate and help guide you each step of the way. Need help? Contact us now.

Atlanta Eviction Lawyer

On average, it would take anywhere between 14 days to 80 days for a complete eviction process.

Assuming that the judge has ruled in the landlord's favor, the tenant has ten days to vacate.

While landlords should not accept future rent payments during an eviction lawsuit, they can collect past due rent during an eviction case.

Most landlords in the United States only manage a few properties and are unlikely to have a landlord/tenant lawyer on retainer. But when a tenant fails to pay rent or otherwise breaks the term of their lease, an Atlanta Eviction Lawyer will be able to help make sure the eviction process goes as smoothly as possible.

Landlords, like any other business owner, want to make a profit while minimizing their liability. Sometimes consulting an eviction lawyer is prudent to pursue those ends. This guide will talk about when you should hire a lawyer to help with an eviction as well as the general eviction process in Atlanta.

WHEN SHOULD A LANDLORD HIRE A LAWYER TO HELP WITH AN EVICTION?

Various states have attempted to standardize the eviction process to ensure evicted tenants aren't squatting in the apartments for long periods. Be that as it may, each state tends to do things slightly differently, and it is vital to follow each step closely. Small mistakes can lead to long delays and may require the landlord to begin the entire process again, resulting in more lost time and money. Suppose you are reasonably familiar with legal procedural issues. In that case, you may find the eviction system fairly straightforward, but if you have any doubts at all, it is likely in your best interest to work with an Atlanta eviction lawyer instead of making a costly error.

THE EVICTION PROCESS IN ATLANTA

In Atlanta, landlords can evict tenants for various reasons, including not paying rent or a violation of their lease terms. However, before the eviction occurs, the landlord must give the tenant the chance to fulfill the terms of their contract. To do this, the landlord provides the tenant notice of eviction. If the tenant ignores the notice, the landlord can end their tenancy and file an eviction lawsuit, also known as a dispossessory proceeding.

Termination with cause

To terminate a tenant's lease early, a landlord must have a legal reason for doing so. In Atlanta, the acceptable reasons are a failure to pay rent or violating the terms of their lease. The landlord must then issue a notice, also known as a demand asking for the rent to be paid or for the tenants to comply with their lease. Unlike most states, Georgia law does not state the amount of time a landlord must wait before filing for eviction. As a result, the landlord can give anywhere from one to ten days to comply before filing an eviction lawsuit (see  Ga. Code Ann. § 44-7-50).

Termination without cause

If the landlord has no legal justification for evicting a tenant, they must wait until the tenant's lease has expired before asking the tenant to leave. Sometimes the landlord must still serve notice to the tenant to move.

Month-to-Month tenancy

When a tenant rents from a landlord month-to-month and the landlord wishes to end the lease, they need to give the tenant a 60-day notice. The notice will tell the tenant that the landlord is terminating the lease, and they have 60 days to find a new place to live and vacate the premises. If the tenant does not move in the allotted time, the landlord can file an eviction lawsuit (see  Ga. Code Ann. § 44-7-7).

A landlord is prohibited from forcing a tenant out of a rental until and must win an eviction lawsuit in court. When the landlord wins, a sheriff or constable can then remove the tenant.

Suppose the tenant leaves personal property in their unit after moving out when their lease expires. Georgia's law gives no guidance on what the landlord should do with the property. It is always best to attempt to return the property to the tenant whenever possible, particularly if it is valuable, but if the tenant does not claim the property, the landlord can dispose of it. If, however, the tenant lost an eviction lawsuit, then any property left behind is considered abandoned by Georgia law. Therefore, the landlord has no obligation to return the items to the tenant, and the landlord may dispose of the items as soon as the eviction has occurred (see Ga. Code Ann. § 44-7-55).

Fixed-Term Tenancy

When a landlord has no reason to evict a tenant with a fixed-term tenancy, the landlord must wait until the lease expires to ask the tenant to move. However, the landlord does not need to provide written notification unless the lease states otherwise. The landlord can just expect the tenant to leave at the end of their lease.

DO I NEED AN ATTORNEY TO EVICT A TENANT?

As mentioned above, any small procedural error may make the eviction process take longer; further, a tenant may fight an eviction in court even when it is justified. If the tenant hires a lawyer, the landlord should seek out their own Atlanta eviction lawyer to ensure the eviction process is followed correctly and promptly.

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Atlanta Eviction Lawyer

TOP-RATED ATLANTA EVICTION LAWYER NEAR YOU

Eviction cases in Atlanta often hinge on the specific details as written into the lease agreement. These contracts provide the legal course of action for a violation or non-payment of rent, and having a top-rated Atlanta eviction lawyer on your side will help ensure a prompt and thorough resolution.

Contact us right away to discuss your lease dispute and your options moving forward.

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