How Do I Evict a Tenant With No Agreement in Georgia?

Evicting a Georgia tenant without a lease agreement will take longer than evicting a tenant that has signed a lease agreement.

Some landlords choose to forgo signing lease agreements with their tenants. All rental situations without written agreements in the state of Georgia are considered a tenancy at will. Georgia law offers tenants without lease agreements 60 days to vacate after being asked to leave by the property owner. Georgia landlords desiring to evict tenants must file their intention to do so with the local justice system, regardless of the fact that no formal agreement exists.

Things You'll Need

• Rental checks
• Rent receipts

Instructions

1. Gather evidence to prove the rental agreement and relationship. According to the Georgia attorneys at Wood and Meredith, rental checks or rent receipts are best, as they demonstrate the amount of rent that was due each month.

2. Determine the reason for eviction. Georgia allows a landlord to evict a tenant for breaking any agreed upon terms that are stated in the lease agreement. Without a lease agreement, only the failure to pay rent can be used to evict a tenant.

3. Demand that the tenant vacate the premises within 60 days. According to code 44-7-7 of the Georgia Landlord Tenant Law, 60 days notice is required to terminate a tenancy at will. The experts at the Rent Law Website recommend making this demand in writing and keeping a copy to file with the dispossessory affidavit.

4. File a dispossessory action at your local Magistrate's court. All information on unpaid rent, damages and reasons for eviction will need to be included, and you must swear under oath that all provided information is true. The sheriff will then post the notice, and the tenant will have seven days to reply.

5. Receive either all rent due and the court fees related to the dispossessory action or your vacated property. Georgia tenants must either pay all due rent and fees to dispute an eviction notice, or they must vacate immediately. If the tenant pays past due rent, the case will move to court.

Tips & Warnings

• Tenants may continue to reside at the property, if they pay past due rent and win the court case. However, if they are late on the next month's rent, they will be evicted without a court case, as each tenant is only allowed one dispossessory per year.

• You cannot refused to accept the tenant's payment of late rent, and you can't demand that they vacate the premises despite paying the due amount.

• Do not attempt to physical remove a tenant's belongings before the court has granted you a Writ of Possession. This will only occur after the tenant has lost the court case or fails to respond to the dispossessory notice.

References

• Rent List: Georgia Eviction Law
• Woods & Meredith Attorneys at Law: Landlord/Tenant FAQ
• Rent Law: Georgia Evictions