What You Need to Know About Evictions The Finley Firm, P.C.

Overview Define Eviction Grounds for eviction Preparing for an eviction The Finley Firm-Procedures What you should do during an eviction Granting Possession Post Eviction The Finely Firm Services

Main Goal Gain possession of the property and place a responsible tenant in the property who is willing to adhere to lease.

O.C.G.A. 44-7-50 (2010) (a) In all cases where a tenant holds possession of lands or tenements over and beyond the term for which they were rented or leased to the tenant or fails to pay the rent when it becomes due and in all cases where lands or tenements are held and occupied by any tenant at will or sufferance, whether under contract of rent or not, when the owner of the lands or tenements desires possession of the lands or tenements, the owner may, individually or by an agent, attorney in fact, or attorney at law, demand the possession of the property so rented, leased, held, or occupied. If the tenant refuses or fails to deliver possession when so demanded, the owner or the agent, attorney at law, or attorney in fact of the owner may immediately go before the judge of the superior court, the judge of the state court, or the clerk or deputy clerk of either court, or the judge or the clerk or deputy clerk of any other court with jurisdiction over the subject matter, or a magistrate in the district where the land lies and make an affidavit under oath to the facts. The affidavit may likewise be made before a notary public, subject to the same requirements for judicial approval specified in Code Section 18-4-61, relating to garnishment affidavits. (b) If issued by a public housing authority, the demand for possession required by subsection (a) of this Code section may be provided concurrently with the federally required notice of lease termination in a separate writing.

Eviction Eviction is the removal of a tenant from rental property by the landlord.

Nonpayment of Rent The most common reason for a lease termination and eviction is nonpayment of rent. If you don’t pay, you can’t stay”. Little exceptions to allowing a non-paying tenant to remain in the unit.

Unauthorized Pets Extended Guests or Unapproved Occupants Unapproved Subletting Nuisance Complaints Improper Use Lease Violation The second most common reason for eviction is when a tenant violates a lease clause.

Grounds for Evictions 1. Nonpayment of Rent 2. Lease Violation 3. Property Damage 4. Illegal or Drug Related Activity 5. Expiration of Lease

Things you should NOT do during an evictions

HUD Properties

What do I need to send to The Finley Firm, P. C What do I need to send to The Finley Firm, P.C. to initiate an Eviction

New Email Address Tfinleyfirm@gmail.com

Money Judgment

Dispossessory

When to File Dispossessory § 44-7-50). Georgia law has no set time frame for how long a landlord must wait after giving the tenant an eviction notice and filing an eviction lawsuit. Best practice for landlords is to wait at least three days before filing the eviction lawsuit, to give the tenant time to pay the rent or move out of the apartment.

Notice to Vacate The county marshal will deliver a summons to the tenant’s residence demanding that he/she answers the charges of non-payment of rent. The tenant has seven calendar days to answer the summons in writing.

NO ANSWER=Writ of Possession If the tenant does not submit an answer to the court a writ of possession is rendered and a set-out date is scheduled. A courtesy notice will be left at the residence no later than 24 hours before the eviction will take place. At the designated time the deputy will meet with the landlord to begin the eviction. The landlord is responsible for all labor and expenses incurred with the eviction.

ANSWER=NISI Hearing The eviction hearing is held before a judge only who will listen to both parties. If the landlord prevails, a Writ of Possession will be issued and the tenant is ordered to vacate, usually within 7 days

During/Post Evictions Please be sure to communicate with us! Keep us informed! If you don’t tell us-WE DON’T KNOW! Let us know if the tenant(defendant) vacates Let us know once the set-out has been completed Let us know if you accept payment from the tenant

Final Hearing is Scheduled

How do I check the status of my eviction http://tffevictions.weebly.com/

Municipal Court Clerks

Muscogee County Marshal Approximately how long after filing the dispossessory does it take to serve the defendant? What is a set-out? What is allowed during a set-out? How long does a set-out normally take? What is required from the landlord?

Any questions regarding evictions???

The Finley Firm, P.C. Services