What is the typical process for evicting a tenant?
In Georgia, the typical process for evicting a tenant is as follows. The landlord must first provide written notice to the tenant of the violation or breach of the rental agreement. In the notice, the landlord must specify the violation or breach and must include a statement that the tenancy will terminate upon a specified date not less than 30 days after the notice is given. If the tenant fails to comply with the notice, the landlord may then proceed with the eviction process by filing an eviction complaint, sometimes referred to as a dispossessory warrant, with the proper court. The complaint will include the original notice and a copy of the rental agreement. The tenant will be served with a court summons, along with a copy of the complaint. The tenant then has seven days to answer the complaint, after which the court may issue a hearing date. If the tenant fails to appear at the hearing, the court can issue a writ of possession to the landlord, ordering the tenant to vacate the premises. At the hearing, the court will examine the evidence presented by the landlord and tenant. If the court finds that the tenant is in violation of the rental agreement, it can issue a judgment of possession in favor of the landlord, ordering the tenant to vacate the premises. The tenant must comply with the judgment, and the landlord may then apply for a writ of possession from the court if necessary.
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