Georgia Eviction Appeals Process

By Rebecca Rogge
The Georgia eviction appeals process protects tenants.

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The Georgia eviction process is in place to protect landlords from deadbeat tenants, and tenants from unfair landlords. Under Georgia law, tenants who have been evicted have the right to appeal the eviction.

Eviction

A Georgia landlord can evict a tenant, force him to leave the building he is renting, if the tenant fails to pay rent, won't leave the premises when the lease term ends, or breaks the terms of the lease (if the lease states that this breach may result in eviction). The landlord must go through the courts to legally evict a tenant.

Process

To evict a tenant in Georgia, the landlord must give the tenant notice, preferably in writing, to vacate the premises, and indicate the reason for eviction. If the tenant does not leave, the landlord must then file a "dispossessory affidavit" stating that the tenant is violating the lease terms. The sheriff's department will then serve this paperwork on the tenant, who must respond within 7 days. If the tenant still fails to respond, the sheriff may force the tenant to vacate.

Appeals

When you receive a dispossessory affidavit ordering you to vacate, you may file an answer, which is your appeal to the eviction. This must be filed within 7 days of receiving the notice. You must explain how you did not violate the lease. The court will then schedule a hearing. You are allowed to remain on the property until the court rules on the case.

About the Author

Based in northern Virginia, Rebecca Rogge has been writing since 2005. She holds a bachelor's degree in journalism from Patrick Henry College and has experience in teaching, cleaning and home decor. Her articles reflect expertise in legal topics and a focus on education and home management.

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