Georgia’s eviction law is set to change in April 2019 as the General Assembly passed a new bill. It will now be up to the cities and counties to determine how they enforce the new law. Cities such as Atlanta and Savannah have already taken action and implemented the new law, while other counties are waiting for a state response.
Georgia’s eviction law can confuse renters and landlords. This blog post will help you understand what is considered a legal basis for eviction, what triggers an illegal eviction, and when you can file a lawsuit against a removal.
A landlord or a property manager must follow state laws when evicting a tenant. A violation of these laws can result in an eviction being filed against the tenant, who could then lose their home.
Most people don’t know what eviction laws exist and how to protect themselves. If you’re a renter or a landlord, you need to understand what is and isn’t legal in Georgia before you evict a tenant.
What is an eviction notice?
Evictions can happen in several ways. A landlord or a property manager must follow state laws when evicting a tenant. A violation of these laws can result in an eviction being filed against the tenant, who could then lose their home.
The most common ways include the following:
• When a tenant fails to pay rent or is found to be living in the property illegally.
• When a tenant breaks the property rules, such as damaging the property.
• When a tenant is late with the rent.
• When a tenant violates the lease agreement.
• When a tenant has a habit of ignoring requests from the property owner.
When is an eviction notice illegal?
An eviction notice is illegal if it is based on an expired rental agreement. An eviction notice is unlawful if it is based on a rental agreement that has been violated.
An eviction notice is illegal if it is based on a violation of the property rules. For example, if a tenant fails to properly maintain the property, such as not cleaning up the lawn or cleaning up trash, the property owner can issue an eviction notice.
An eviction notice is illegal if it is based on a violation of the lease agreement. For example, if a tenant damages the property or ignores a request from the property owner, the property owner can issue an eviction notice.
An eviction notice is illegal if it is based on a habit of ignoring requests from the property owner. For example, if a tenant has a history of ignoring pleas from the property owner, the property owner can issue an eviction notice.
What are the consequences if I do not respond?
If you fail to respond to the notice, you may have committed a criminal act. In Georgia, it is a misdemeanor to fail to respond to a request from a housing authority. It’s a felony to refuse to provide a rental application or history.
A landlord can evict a tenant for failing to pay rent, violating a lease, or damaging the property. When an eviction is filed, the tenant has a right to a hearing to contest the removal.
The hearing is held before an administrative judge, and the decision is based on the evidence presented. If the tenant loses the case, they lose their rights to the property and are usually forced to leave immediately.
In other words, you can lose your home if you do not respond to an eviction notice. This is why you must hire a professional attorney who can evict tenants.
What is a landlord’s obligation to a tenant?
Landlords are obligated to follow Georgia’s laws when attempting to evict a tenant. The state legislature sets these laws. If you are a landlord, you must familiarize yourself with these laws to avoid legal problems. It is not lawful for a landlord to evict a tenant without the proper notice and documentation, nortoy fail to provide a rental unit in a safe and sanitary condition.
How do I evict someone without going to court?
When a landlord or property manager must evict a tenant, they must first go to court and serve them with an eviction notice. The tenant has the right to respond to this notice by filing a lawsuit against the landlord, which can prevent an eviction.
A landlord or property manager cannot initiate an eviction until the tenant files a lawsuit against them. However, the landlord can file a lawsuit against the tenant if the tenant fails to pay rent, damages the rental property, or violates the lease.
While many laws relate to evictions, the following are some of the most common.
Frequently Asked Questions: Eviction Law
Q: How often can you evict a tenant under Georgia law?
A: Georgia law states that the owner/landlord has the right to evict a tenant after one month or as soon as there is any material change in the lease agreement. There are no time limitations on how long you have to serve notice on a tenant, but you can only do it once per the lease agreement.
Q: How often should I check on my tenant?
A: As long as the property is occupied, check on it daily. Call your tenant to ensure they have moved out if the rental has been vacant for more than seven days.
Top 3 Myths About Eviction Law
1. You must have a written lease agreement before you evict your tenant.
2. Evictions are expensive.
3. Georgia has no eviction law for rentals or landlords.
Conclusion
As a landlord, it is important to know how the state laws in Georgia affect your rights. This is because there are situations where state law protects, which can lead to serious problems. There are also situations where state law gives landlords the right to evict tenants. There are many situations where you may be unable to evict a tenant, which can lead to serious problems for you and your tenants.
