Legal Question in Landlord & Tenant Law in Georgia

I have this rental house in Georgia. I have this section 8 tenant that was not paying the rent and she gave the notice to leave the house by 11/30/10. However, she did not pay her rent for november and did not vacant the house by 11/30. I then filed the eviction with the magistrate court in december. The sheriffs office posted the eviction notice on her door on 12/14 and gave her 7 days time to respond. she did not respond. I went to the magistrate court and the gave me the paper for write of possession to take it to the sheriff dept to schedule the eviction with them. The sheriff dept told me that they cannot schedule the eviction until end of january and also I will need to get 6 people on that day (2 per each bedroom).

I am trying to find out should I wait till end of Januray or should I enter the house and find out if she left or not. It is very difficult to pay the mortgage for me until January. I have read that without the sheriffs dept if I enter the house then the tenant can sue me later.

Any advise will be appreciated.


Asked on 12/28/10, 1:06 pm

1 Answer from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

If you want to face the risk of a ruinous lawsuit, go in there yourself. Otherwise, do it by the book, using the advice of your lawyer, to make sure you make no missteps.

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Answered on 1/02/11, 1:14 pm


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