Eviction Process

In Atlanta, the eviction process for property owners follows a series of steps to ensure compliance with Georgia state law. Here’s a general overview of the steps involved:

1. Provide a Notice to the Tenant

  • Pay or Quit Notice (for non-payment of rent): If the tenant hasn’t paid rent, the landlord must give the tenant a 3-day notice to pay rent or move out.

  • Cure or Quit Notice (for lease violations): If the tenant violates the terms of the lease (e.g., causing damage), the landlord must provide a notice that gives the tenant a certain amount of time (usually 7 days) to fix the violation or move out.

  • Unconditional Quit Notice: If the tenant has caused serious issues (like criminal activity), the landlord can issue an unconditional quit notice, requiring the tenant to leave without the option to fix the issue.

2. File an Eviction Lawsuit (Dispossessory Action)

  • If the tenant does not comply with the notice, the property owner must file a Dispossessory Action in the Magistrate Court in the county where the property is located (in Atlanta, this would be in the Fulton County Magistrate Court).

3. Serve the Tenant with Court Papers

  • The tenant must be served with a summons and a complaint. This can be done by a sheriff or private process server. The tenant has 7 days to respond to the lawsuit.

4. Court Hearing

  • If the tenant files an answer to the lawsuit, a court hearing will be scheduled. At the hearing, the landlord will present evidence (such as lease agreements, payment records, or notices) to support the eviction request.

  • If the court rules in favor of the landlord, the tenant will be ordered to leave the property.

5. Writ of Possession

  • If the court grants the eviction, and the tenant does not leave voluntarily, the landlord can request a Writ of Possession from the court.

  • This document authorizes the sheriff to physically remove the tenant from the property.

6. Eviction by the Sheriff

  • The sheriff will schedule a time to remove the tenant and their belongings from the property. The landlord cannot forcibly remove the tenant themselves. Only the sheriff is authorized to carry out the physical eviction.

Additional Considerations:

  • Tenant Rights: The tenant has the right to appeal the decision within 7 days of the judgment. If they do so, the eviction process is delayed until the appeal is resolved.

  • Property Damage: If a tenant leaves property behind, the landlord must follow proper procedures to dispose of or store the belongings.

Throughout the process, it’s important for property owners to follow each legal step carefully to avoid complications or delays. It can be beneficial to consult with an attorney or eviction service to ensure everything is handled properly.