The landlord-resident relationship may not always be impeccable. Most conflicts can be resolved peacefully in compliance with the Rental Agreement created before the tenant gains possession of the rental property and is signed by both parties. Though, if a non-payment or non-compliance takes place and does not seem to be settled out of court, there are measures to take.
Termination of the lease can be initiated due to the tenant’s failure to abide by the contract, and in such a case, it is advisable to create the eviction notice template. The reason for eviction has to be indicated in writing. It might vary from rental payment delay or a substantial rental debt to a major criminal act committed on the premises (either residential or commercial). The lessee has several options: comply with the demand, move out, or, if the tenant does not agree with the accusation, he or she is allowed to defend in court.
It is advisable to consult an authorized specialist prior to the document completion, as it is of significant importance. You will find the following data in the paper:
All procedures concerning eviction are regulated by Title 44, Chapter 7, Article 3 of the Georgia state law.
According to GA Code § 44-7-50 (2018), if the tenant holds possession of lands after a failure to transmit rental payment or after the contract has been terminated, the landlord can demand immediate vacation of the premises. In case the tenant does not move out, it is lawful to go to court and initiate a legal process.
If the landlord has decided to initiate eviction because of the tenant’s delay of payment of the required monetary funds, the latter, according to GA Code § 44-7-52 (2018), is allowed to tender the sum within seven days (if the breach has not repeatedly happened during the last 12 months).
Do not forget that an individual who has intentionally provided false or incorrect information in the documents submitted to the court under oath or affirmation is considered to be guilty of a misdemeanor.
There are several papers to be aware of when it’s necessary to evict the resident:
The landlord is about to use such a paper in case the tenant has not provided rental payment on time and send it out of courtesy. After the lessee has received this type of notice, he or she must pay the debt or leave the premises. Otherwise, the eviction process will begin.
Once the landlord has decided not to renew the rental agreement with the current tenant, he or she is supposed to inform the lessee about it in written form. This type of paper will grant the tenant 30 calendar days to find a new place and vacate the premises. The same form is used when the tenant intends to withdraw the lease as well.
Create the Notice
The landlord, depending on the case that occurred, should create either the Non-Payment eviction notice or the Month-to-Month one and provide the tenant with it. The paper may be sent through the US mail to the residential address or delivered straight to the lessee (if he or she is not absent from the premises).
Go to the Court
If the tenant does not respond to the notice you have delivered, file a Dispossessory action at your local court. Complete the Dispossessory Affidavit, indicating that you have tried to contact the tenant and inform him or her about your demand.
Await the Tenant’s Response
After you have officially notified the court about the issue, the sheriff becomes responsible for serving the dispossessory warrant on the tenant. The tenant will be given seven days (excluding Saturday, Sunday, or a legal holiday) to provide the answer orally or in writing, and if he or she fails to do so, the landlord needs to obtain a Writ of Possession and force the lessee to vacate from the rental property.
If the court has concluded that the tenant can stay on the premises, he or she will be entitled to remain at the place; meanwhile, the landlord is considered liable for all the damage caused by the wrongful conduct.
Such a form serves to legally evince that the landlord has notified the tenant of a demand to leave the premises, did not get a response and has begun a legal process against the lessee in court.
The tenant can use it as a defense against the prosecution after receiving the Dispossessory Affidavit.
If the court has stated the final judgment in favor of the landlord, he or she will receive this document, claiming that the tenant should be forced to leave the rental property on the date indicated therein.