When relations with your landlord turn sour, there is always the chance that they may try to evict you. While some evictions are legally justified, others are not, and it is important to understand your rights if your landlord orders you to leave. Here is everything you need to know about dispossessory actions.
In Georgia, eviction lawsuits are also known as dispossessory actions. Your landlord may evict you for not paying rent or for violating the terms of your lease. If they demand possession of your rental unit, either verbally or in writing, and you refuse to leave, they can then file an affidavit with the court to start the eviction process.
Georgia is relatively unique in that the law does not specify how long the landlord has to wait before filing this paperwork, but you will receive a summons and a copy of the affidavit. If you were behind on your rent, you can stop the eviction at this point by paying everything you owe, plus any applicable court fees, within seven days of receiving the summons. It is important to note that you can only stop an eviction in this manner once every 12 months.
You have seven days to file an answer with the court if you intend to contest the eviction. Upon receipt of your answer, the court will schedule a hearing within seven days. If you don’t respond (file an answer with the court), the landlord will ask for a writ of possession, which the sheriff will serve on you. You then have 24 hours to leave.
At the scheduled hearing, a judge will listen to both sides and make the final decisions about whether you will be evicted. If they rule in your favor, you can stay in your home, although the landlord may appeal. Similarly, you can lodge an appeal if the court orders your eviction and you find the decision unfair.
If your landlord wants to terminate your tenancy but lacks cause because you’ve always paid the rent on time and respected the conditions of your rental agreement, the law generally requires them to do the following:
Many Georgia tenants assume that the moment they receive the summons and affidavit, there is nothing they can do. On the contrary, there a legally-recognized grounds for fighting an eviction. They include:
If you are facing dispossessory proceedings in or around Atlanta, contact Atlanta Family & Immigration Law. We are a committed Georgia tenants’ rights law firm and have helped many clients overcome their landlord’s attempt to evict them. Every case is different, however, so for an honest review of your situation, call (678) 679-6415 or contact us.
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