• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Where can I find a step-by-step procedure for evicting a non-paying tenant in GA

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

cluelesslndlrd

Junior Member
What is the name of your state (only U.S. law)? GA

The property is in GA but I live on the west coast.
About 2 years ago, this couple of a newly born baby signed a lease agreement (boiler plate lease with a few addendum, nothing major) At the end of their 1st year They were late a few days here and there or couple of hundred dollars short, to be compensated later. Since I was not hemorrhaging for money that badly, I just notified them about shortcomings by email, without going full extent of written notifications.

In the last 6 months, I have changed 2 jobs, bought a new house and had to deal with a lot of family crap. So I was not on top of my finances. Now, since the business is slow during the holiday break, I checked my bank account where the money should have been deposited and I see they did not make a payment since august and before than all payments were $125 short every month, plus a 2-3 months worth of rent short from the last year.

I learned my lesson not to go with renting w/o an agent from now on. So, I'd appreciate if you do not bring this topic up. Now, before I can find an agent and make this house rented again, I need to get rid of these deadbeat tenants. Under the circumstances I have described, what should I do first and subsequently ?

First off, did I lose any rights by not acting any earlier ? I am hoping not.

I am thinking of a written notice sent via registered USPS mail with receipt confirmation is in order. The thing I am not aware of, if I have to offer them to bring their account current (if yes how many days of time I need to offer to do this at the minimum legally). If I don't have to or if they can not bring the account to a current condition (I doubt they can do this anyway), what is the procedure to evict them ? I know they will trash the place for revenge and everything but I feel like I will have to cut my losses somewhere.

Thanks for all the information
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? GA

The property is in GA but I live on the west coast.
About 2 years ago, this couple of a newly born baby signed a lease agreement (boiler plate lease with a few addendum, nothing major) At the end of their 1st year They were late a few days here and there or couple of hundred dollars short, to be compensated later. Since I was not hemorrhaging for money that badly, I just notified them about shortcomings by email, without going full extent of written notifications.

In the last 6 months, I have changed 2 jobs, bought a new house and had to deal with a lot of family crap. So I was not on top of my finances. Now, since the business is slow during the holiday break, I checked my bank account where the money should have been deposited and I see they did not make a payment since august and before than all payments were $125 short every month, plus a 2-3 months worth of rent short from the last year.

I learned my lesson not to go with renting w/o an agent from now on. So, I'd appreciate if you do not bring this topic up. Now, before I can find an agent and make this house rented again, I need to get rid of these deadbeat tenants. Under the circumstances I have described, what should I do first and subsequently ?

First off, did I lose any rights by not acting any earlier ? I am hoping not.

I am thinking of a written notice sent via registered USPS mail with receipt confirmation is in order. The thing I am not aware of, if I have to offer them to bring their account current (if yes how many days of time I need to offer to do this at the minimum legally). If I don't have to or if they can not bring the account to a current condition (I doubt they can do this anyway), what is the procedure to evict them ? I know they will trash the place for revenge and everything but I feel like I will have to cut my losses somewhere.

Thanks for all the information
You're not going to be able to mail it in for an eviction. I would recommend that you pay an attorney in GA so that you get it done right.
 

Gail in Georgia

Senior Member
Consider hiring an attorney familiar with handling the disposessory process for Georgia. It is not difficulty to evict someone in this state but it is a challenge to do it long distance (and it is likely your tenants will take advantage of your distance from Georgia by dragging this out in court).

First step is a Pay or Quit notice giving them a certain amount of time (I give 3 days) to remedy the situation of owed rent; if no success then the next step is the actual filing through the local Clerk of Court Office. In some counties this can be done online; in others it must be done in person which is why you'd need a local attorney familiar with these steps to handle the situation.

Gail
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top