Legal Question in Real Estate Law in Georgia
How to remove a tenant from the premises and obtain a judgement
I have a tenant in my town home who has not paid rent to me in 4 months. I have received $800 total in cash from them and the balance to date is over $4000----it has been excuse after excuse. The lease is on a GAR form which does protect myself pretty good. Yesterday I sent them a letter demanding the full amount be paid immediately and for them to vacate and give up posession upon receipt of the letter. Of course they won't pay and will not leave. I would like to know my next step to legally obtain a judgement against them so wages could be garnished and to also put this on their credit report. At this point I do not want to work with them and just want my money and for them to LEAVE. The town house is in Cobb County. Someone told me I could get a writ of posession but can you tell me the best way to proceed and what is the QUICKEST legal way to get them out. They have clearly violated the lease under section 19 A & D. PLEASE HELP!!! THANK YOU.
2 Answers from Attorneys
Re: How to remove a tenant from the premises and obtain a judgement
In order to legally evict a tenant, you must file a dispossessory action against them in magistrate (small claims) court for the county in which the property is located. If they are in breach of the lease (and it sounds like the most certainly are), then you need to terminate the lease and give the tenant(s) notice of the termination for their breach. Then, if they do not leave by the date you set in your notice, you would file the dispossessory. It usually takes about 2 - 3 weeks after you file.
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Glenn M. Lyon, Esq
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Re: How to remove a tenant from the premises and obtain a judgement
You will need to file a dispossessory action against them. Just go to the Magistrate Court clerk's office in the Cobb County courthouse and ask them for the forms. They will walk you through it.
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