Riverdale, GA asked in Landlord - Tenant for Georgia

Q: My lease is up in one day. Can i be put out?

Due to a hold up from covid19 my new house will be ready in 2-3 weeks. I have 2 children so I don’t want to be homeless.

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

A: If you a residential tenant, you are not kicked out if you hold over.

You will have to pay any rent or fees as a hold over tenant.

If the landlord wants you out the following steps must be taken:

(1) demand to vacate;

(2) file dispossessory affidavit in court;

(3) serve the affidavit on you (personally or through tack and mail)

(4) give you 7 days to answer by filing in court

(5) attend a hearing

(6) give you 7 days to move out after a hearing

(7) get a writ and schedule a time for a deputy sheriff to appear for the eviction

This takes more than 3 weeks. However, you should (1) answer the dispossessory affidavit if served; and (2) attend the hearing even if you have moved out.

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