Atlanta, GA asked in Landlord - Tenant for Georgia

Q: If the lease is up, can the landlord evict me without requesting for eviction through court?

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1 Lawyer Answer
Paula J. Mcgill
Paula J. Mcgill
Answered
  • Landlord Tenant Lawyer
  • Marietta, GA
  • Licensed in Georgia

A: The landlord cannot simply put your items out of the rental property and change the locks.

First, the landlord must make a demand for possession for a date certain.

Second, if you don't leave by the deadline given to the landlord he can file a dispossessory in court.

Third, if you don't answer within 7 days of service the landlord can obtain a writ of poesssion from the court. If you don't appear in court for the scheduled hearing, the landlord can obtain a writ. If you lose after the scheduled hearing, the landlord can obtain a writ. After a writ is issued, the landlord schedules a time for the sheriffs to come out to oversee the removal of the items from the property.

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