The information provided applies only in the State of Georgia and is intended only as information. It does not constitute legal advice, nor does using this information create an attorney-client relationship. Anyone seeking specific legal advice should contact an attorney licensed in the appropriate state and should not rely upon the information provided herein.
The information provided nor the services rendered are a guarantee.
In Georgia, eviction cases are called dispossessory actions. These actions begin when a dispossessory affidavit is filed in court which states why the landlord should get back possession of the rented property. To file a dispossessory action, the relationship between the parties must be landlord and tenant. The tenant must be either a tenant holding over, a tenant at will, a tenant at sufferance, or not paying rent as it becomes due. The landlord must make a demand for possession of the premises prior to commencement of the proceedings. The dispossessory process must be followed, even if the lease says otherwise. A landlord who fails do so may be guilty of trespassing and subject to actual and punitive damages. While the legal process can take several weeks, self help evictions, including changing the locks or threatening the tenant, are illegal under Georgia law. A landlord who suspends a tenant's utility service prior to the final judgment in a dispossessory action has broken the law and may be subject to a fine up to $500 under Georgia Law. A tenant can take legal action against the landlord for damages suffered due to a wrongful self help eviction.
What is a Dispossessory Action?
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At Ease Rental Solutions, we know how troublesome a problem tenant can be. We also know how difficult it can be to get them out. Each day the rent goes unpaid, the more impact it has on your profit and the harder it is to collect the balance due. But the truth is, the eviction process is far from easy! With our expertise and assistance, though, we can help ease the burden.
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