For Owners...
Eviction Procedures
The eviction process can be a very stressful process. It requires a thorough understanding of Georgia laws and a strict adherence to them. We have documented some of the steps in this process for your knowledge.
Please not this is not intended as legal advice should you seek legal advice we recommend you contact an attorney in this field.
Due Date:
Rent is due on the 1st of the month late on the 2nd. If the 2nd falls on a weekend or holiday we consider rent paid on time if received the next business day.
Demand for possession letter:
We do not send a "Late" letter. If rent is not in by the 4th, we will send what Georgia Tenancy Law calls a "Demand Letter." This letter is required by Georgia law and demands possession of the property, or payment of the rent.
Dispossessory proceedings:
If rent is unpaid by the 6th (depending on what day of the month the weekend falls), dispossessory forms will be filed, and the associated fees paid, to the county where the property is located.
Service:
The court clerk will forward the Dispossessory warrant to the sheriff for service. Once the sheriff has served the tenant they have seven days to respond to court with an answer. If the tenant pays their rent (or moves- out), the process ends, as do your costs. If the tenant answers the complaint on or before the seventh day the court will set a date for a hearing. This date could be anywhere from one to two weeks from the date of the tenants' answer, depending on the county and time of year.
Court appearance:
In most cases the eviction services attorney attends court on our behalf. The cost ranges from $100-$150. If management is required to attend as a witness, or in place of the attorney, the cost is an hourly rate, plus a trip charge, and varies based on the distance, time traveled, and time spent in the courtroom waiting to be heard.
Consent order:
Usually we get a "consent order" from the judge at the hearing demanding possession. The tenant will have seven days to pay or move out.
Buying the writ:
If the tenant fails to move by the court given deadline, or if they move and writ of possession process. We purchase the writ giving the local sheriff the right to physically move the tenants' possessions out. The cost of the writ runs $40-$50.
Actual eviction:
The sheriff or marshal's service, controls the calendar for scheduling the eviction (taking all of the tenants' possessions out of the property). The scheduling could take a week or more. Some counties are faster than others. They will call us with a date for this action and we will notify you. When the day of eviction comes, they will give us less than an hour's notice to meet them at the house with a crew of 2 men per room (eviction personnel). We will call you when the dispossessory is completed.
Accepting partial rent:
Occasionally a tenant will offer to pay part of the rent during the eviction accepted less than all of the rent the courts require, we begin the process all over, and we will lose at least 30 days! We will refuse partial payments unless you instruct us to do otherwise.
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