Georgia Eviction Law

Note: I am not a lawyer, and this is not intended as legal advice.

Under what circumstances may a tenant be evicted?

Like many other states, a tenant can be evicted in Georgia for not paying rent or failing to give back the property when the lease ends.  Also, the landlord may seek to evict the tenant for breaching a term of the lease, but only if the lease provides for it.

What is the process for evicting a tenant?

Before going to court, the landlord must give a written notice to the tenant to leave the property.  If the tenant refuses to leave, the landlord must file a dispossessory affidavit with the court, under oath.  This affidavit must include the following information:

• The landlord's name
• The tenant's name
• Why the landlord wants to evict the tenant
• Produces evidence that the landlord requested the return of the property and was refused.
• How much rent or other money is owed by the tenant.

The tenant will then receive a summons from the court, to which the tenant must reply within seven days of receiving it.  If he fails to do so, the landlord will win the case by default.  If, on the other hand, he answers the summons, a trial will be held, during which the tenant is allowed to remain on the premises.  After the hearing, the court will decide.  In the case that they decide for the landlord, they will order the tenant to move within seven days, and if he does not, the sheriff will be authorized to forcibly remove him. 

FAQ

How are landlords supposed to deal with tenant belongings left behind?

If the tenant has been evicted, the landlord has the right to take possession of the tenant's property.  Unless the tenant reclaims it, the landlord will have the right to sell it at auction.

Can the landlord shut off utilities or lock a tenant out prior to the completion of the eviction process?

A landlord may not lock a tenant out prior to legally evicting him through the courts.  Throughout the process, the tenant has the right to possession of the property, which the landlord may not infringe until the eviction proceedings end.  In regards to utilities, a landlord may not turn them off if his purpose in doing so is to inconvenience his tenants and thereby force them to move.  The only legal method of evicting a tenant is through the court system.

Are landlords required to let tenants know why they are being evicted?

Not necessarily, though they have a good opportunity to do so in their demand that the tenant leave the premises.  It would probably be the better part of wisdom for the landlord to do so, since it might make the tenant more willing to leave, if he sees that he has no chance in court.

Is it legal for the landlord to deduct legal fees and court costs from the security deposit?

No.  As in most states, the only lawful use of a security deposit is against back rent or to repair damage the tenant has done to the property.

Can the landlord try to collect unpaid rent for the rest of the time left in the lease?

The court may ask the tenant to pay back rent, but not necessarily if the landlord has won simply by default because the tenant did not answer the summons.  In addition, a tenant may be able to avoid eviction even after being ordered to leave, if he pays all back rent and court costs.

Resources:

1. Georgia Department of Community Affairs - Landlord Tenant Handbook