Atlanta, GA family & immigration law attorney Judith Delus Montgomery explains how an eviction can start in Georgia. In legal scenarios involving landlord-tenant dynamics, the predominant focus often lies on representing the tenant, although instances of representing the landlord do arise. Evictions become a pertinent consideration when there is a breach of the lease agreement, a foundational contract between the involved parties. The primary impetus for eviction proceedings commonly revolves around issues related to rent payment, reflecting the landlord’s significant financial concerns.

Within the legal landscape of Georgia, landlords are subject to a stipulation that prohibits them from executing self-help evictions. This restriction implies that landlords are barred from autonomously entering the property, changing locks, or disposing of the tenant’s possessions. Instead, landlords are obligated to adhere to the judicial process, initiating eviction proceedings by formally filing a complaint with the courts. This process, while expedited, rigorously follows legal protocols.

Evictions often find their basis in non-payment of rent; however, additional factors such as criminal activities, noise violations, and recurrent complaints from other tenants can also substantiate grounds for eviction. The eviction process in Georgia unfolds swiftly, with landlords initiating eviction procedures due to non-payment of rent. Following the filing, tenants are granted seven days to respond. Once a response, potentially accompanied by counter-complaints, is submitted, a hearing is expeditiously scheduled within seven days of the response. Subsequently, the subsequent hearing is typically set seven days later, ensuring a rapid legal process that leads to prompt resolution and courtroom adjudication.