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What must a landlord do to evict a tenant?

Before contacting the court to begin evicon proceedings, the landlord should read the

lease and be familiar with its provisions comply with its terms regarding notice and

termination. Once the terms of the lease havebeen followed, Georgia law requires a landlord to

go

through

court

to

remove

a

tenant.

First,

breofiling

a

dispossessory

action,

the

landlord

must demand that the tenant immediately give up possession and vacate. This demand is best

made in writing. If the tenant refuses or fails to give up possession, the landlord or the landlord's

agent or attorney may go to the magistrate cot rand file a dispossessory affidavit under oath.

The affidavit states:

  • The name of the landlord,

  • The name of the tenant,

  • The reason the tenant is being removed,

  • Verifies that the landlord has demanded possession of the property and has been refused,

and

  • The amount of rent or other money owed, if any.

What is “service” and why is it important?

After the landlord files the dispossessory affidavit, it must be legally delivered to the

tenant. That delivery is called service. In moscounties, the sheriff will see that the tenant is

served. There are three ways in which the summons can be served on the tenant:

  • It can be delivered personally to the tenant,

  • It can be delivered to a competent adult who resides in the unit, or

  • The summons can be tacked on the door of e home and on the same day sent by first class mail to the tenant's address. The thirdtype of service is called tack and mail and is appropriate only if no one is at home when thsheriff attempts personal service. If the dispossessory warrant was served by tack andmail, and the tenant did not file an answer or appear in court, the court may not award rent or other money damages to the landlord. The court can still order the tenant to move.

Once a tenant is served with a dispossessory affidavit, what should they do?

57

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