[GA] How do I evict a tenant for non-payment in Georgia?
I made an agreement with my cousin to rent my home to them in 2023. I have decided due to non-payment that they need to quit and be evicted from the apartment. Due to the lease not being resigned in 2024, it is now on a month to month basis. Does the non-payment still apply for this? They are essentially 5.5 months behind based on payments made vs what is owed.
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You will want to give them a written notice to pay or vacate for the 3 days (Ga. Code § 44-7-50(c)).
If they do not pay or vacate in the notice period, you will then file for an eviction at your local small claims court. You will fill out and file the eviction complaint/petition. You will then have it served on your tenant.
You would be evicting because your tenant is causing these issues for you that you noted above. The judge will schedule a hearing and determine if your tenant should be evicted.
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I made an agreement with my cousin to rent my home to them in 2023. I have decided due to non-payment that they need to quit and be evicted from the apartment. Due to the lease not being resigned in 2024, it is now on a month to month basis. Does the non-payment still apply for this? They are essentially 5.5 months behind based on payments made vs what is owed.
Lexi, Chatbot
I understand the situation with your cousin not paying rent. Have you provided them with a formal notice to quit the premises due to non-payment?
I did through text not but paperwork. Just wrote that up now.
Lexi, Chatbot
Have you reviewed the terms of the original lease agreement regarding non-payment and eviction procedures?
I'm looking it over now. One second.
Lexi, Chatbot
Is there anything else the Landlord-Tenant Lawyer should know before I connect you? Rest assured they'll be able to help with eviction.
POSSESSION. Tenant shall be entitled to possession on the first (1st) day of the term of this Lease, and shall yield possession to Landlord on the last day of the term of this Lease, unless otherwise agreed by both parties in writing. At the expiration of the term, Tenant shall remove its goods and effects and peaceably yield up the Premises to Landlord in as good condition as when delivered to Tenant, ordinary wear and tear excepted.
That is the legalese in the lease agreement. However a new one was not written up in September of 2024 when this one expired and they have lived there on a month to month basis since.
Charlie
Hello, my name is Charlie and I am a licensed attorney. I would like to welcome you to AskaLawyer!
I am sorry you are experiencing these issues but I will be happy to assist you with your questions today. Please allow me a moment to review your question and I will be right with you.
Charlie
Which state is the rental located in?
Georgia.
Charlie
Understood. Do you know why your cousin has not made the rent payments?
They have not communicated very well at all and have always just said they don't have it.
Charlie
Have they made any partial payments or no payments at all?
The last partial payment was made in December 2024.
Charlie
Copy that. And you stated that their last lease has since expired?
Yes September 8, 2024.
Charlie
Understood. Have you given them a notice to pay or vacate yet?
Via text, yes. Via paperwork, no.
But I have the form from e-forms made up.
Charlie
Got it. How can I help?
I just wanna make sure that a three day notice is all that I need to give them due to nonpayment since the lease expired.
Charlie
Yes, that is correct. You start with the 3 day notice. Let me explain a bit more, it will just take a few minutes.
Charlie
You will want to give them a written notice to pay or vacate for the 3 days (Ga. Code § 44-7-50(c)).
If they do not pay or vacate in the notice period, you will then file for an eviction at your local small claims court. You will fill out and file the eviction complaint/petition. You will then have it served on your tenant.
You would be evicting because your tenant is causing these issues for you that you noted above. The judge will schedule a hearing and determine if your tenant should be evicted.
Charlie
If at anytime you need an attorney to assist you, you can find a local attorney by contacting your local bar association and asking for a referral to one.
You can also contact your local legal aid society as they offer free and low cost services in these types of cases.
Another good resource is to contact your local law schools as they often have clinics with attorneys that will assist in these types of cases.
My ultimate goal during our conversation is to make sure that you clearly understand the next steps to take in this matter.
Please let me know if you need any clarification on the next steps or have any follow up questions as I will be very happy to assist you further.
Thank you!
Charlie
You are welcome. I am glad to help in any way.
Charlie
Has the issue with your cousin's non-payment and eviction been fully resolved? If you need further assistance or have more questions about the next steps, feel free to ask.
Yes it has. Thank you.
Charlie
You are welcome. I am glad to help.
I just thought of one more question. Do I put the FULL amount that is owed vs what is paid or only what is owed since the last partial payment?
Charlie
You would put the full amount that the tenant owes you.
Thank you again.
Charlie
You are welcome.
Can I be the server? Or do I need a cop/court appointed person to serve it?
Charlie
The notice to vacate can be posted or mailed, the actual court documents have to be served by the sheriff.
Ok awesome. Thank you.
Charlie
You are welcome.
Charlie
Hello again, this is Charlie from AskaLawyer. I just wanted to come back into the chat and see if you had any follow up questions or concerns for me? If you do, I will be very happy to assist you further! Thank you!
We have the notice to vacate yesterday so waiting to see if they comply. If not then it's time to get a lawyer and serve them correct?
Charlie
Yes, that is correct.
Ok thank you! Just waiting now.
Charlie
You are very welcome. I am very glad to be of assistance. I wish you the best in this difficult situation. Thank you so much for using AskaLawyer.
Charlie
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