Evictions are one of the biggest things you want to avoid as a landlord. Unfortunately, they end up being necessary all too often.
Every year, landlords in the United States file about 3.6 million eviction cases.
If you own property in Savannah, GA, you are likely wondering what Georgia eviction laws you need to follow here. This guide breaks down some of the biggest things you need to keep in mind.
Legally Evicting Someone
In Georgia, there are only two ways that a landlord can legally evict a tenant.
The first way is if the tenant consents to leaving the property. If you are reading this article, it is unlikely that you are dealing with this scenario.
The second way to legally evict someone requires a court order. To get a court order, you have to have justifiable cause and go through the proper procedure.
Some of the most common reasons why landlords want to evict tenants are because they do not pay their rent, they damaged the property, or they violated another clearly defined rule of the rental agreement.
Demand for Possession
The first stage of the written process involves the landlord providing written notice to the tenant that they need to leave the premises. This is often called a Demand for Possession.
Georgia law does not have an exact timeframe as to how long the landlord has to wait to do this. The important thing to know here is that a landlord can file an eviction lawsuit if the tenant refuses to comply with this demand.
Potential Obstacles
Some tenants may not go away quietly if you try to evict them. As a landlord, you have to make sure that you do not give them any reason to say that this eviction is not justified.
One of the main defenses that some tenants may claim is that your property is in bad shape. If they cannot get access to basic utilities such as water or electricity, they may argue to withhold rent until those issues are addressed.
The other argument some tenants try to use is discrimination. If they try to claim that you are judging them based on their race, nationality, sexual orientation, gender, or something similar, it can make the eviction process much more difficult.
Make sure that you have a strong enough eviction case before you get hit with defenses like this. It will help you if you have documented evidence proving the opposite to be true.
Get Help With Evictions
Evictions can be a long and complicated process if you are not properly prepared for them. That is why you need to know when you legally have the right to evict a tenant and what obstacles might get in the way of this.
If you need help with the removal of a tenant, PMI Savannah Metro is a good place to start. We are a property management team that can provide the consultation that you need to get through this process smoothly.
Message us here for more information.
