Q: Landlord tries to evict without notice and enters apartment unlawfully in GA
I have been living in my apartment for six months, and it's owned by my father. He has threatened to evict me because I haven't complied with demands that aren't part of our written lease agreement. He doesn't allow me a key to my rental house and tried locking me out without a formal eviction notice. Initially, he entered my apartment several times without prior notice until I started deadbolting my door. I have reported his threats to the police, but since he is friends with the sheriff, no action has been taken. What recourse do I have in this situation?
A:
In Georgia, your father must follow proper legal eviction procedures, which include providing written notice, filing a dispossessory warrant with the court, and obtaining a judicial order before removing you from the property. Without these steps, any attempt to lock you out is considered an illegal "self-help" eviction, regardless of your relationship to the landlord. Your written lease agreement governs the terms of your tenancy, and demands not included in this document generally cannot be enforced through eviction.
The law requires landlords to provide 24-hour notice before entering a rental unit except in emergencies, and denying you a key to your own residence likely violates your right to peaceful enjoyment of the property. Document every incident of unauthorized entry and attempted lockout with dates, times, and photographs when possible. Since local law enforcement appears compromised by personal relationships, you should escalate your concerns beyond the local sheriff's office.
Your best recourse includes filing a complaint with the Georgia Department of Community Affairs, contacting a legal aid organization like Georgia Legal Aid, or retaining a private attorney who handles landlord-tenant disputes. You might also consider filing for an emergency temporary restraining order through your local superior court to prevent further unauthorized entry or lockout attempts while your case proceeds. Remember that family relationships do not override tenant protections under Georgia law, and you have the right to assert your legal protections despite the personal connection.
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