Q: I have a tenant at will who has not paid rent, how do I go about eviction?
The tenant at will has refused to voluntarily leave and has not paid rent for the month. They are forcing eviction.
A: Is this a residential or commercial tenant? I suggest you speak with an attorney so that you can confidentially talk about the details and process. You want to make sure the legal process is done correctly.
A:
Yes, you should consult with an attorney. However, many residential landlords handle the initial filing on their own. Depending on where you are located, the magistrate court may have a preprinted form for you to complete and form. In fact, many courts have those forms online. There is a general dispossessory form that can be used in all magistrate courts in Georgia. It's on the Georgia Magistrate Court website.
However, before you file the form, you may still want to consult an attorney to confirm the accuracy and completeness of the form, review the do's and don'ts while you wait for your date, and discuss what to expect once you are in court.
The main don't is do not lock out the tenant or remove the tenant's property.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
