1. Eviction Under Georgia Law

2. Vocabulary
Dispossessory Proceeding: The court proceeding a landlord must use in order to remove a tenant from rental property (also referred to as “eviction”)
Distraint: The legal proceeding a landlord must use in order to seize personal property from a tenant (which is usually then sold to compensate the landlord for past due rent).
Lease: A contract between a landlord and a tenant.
Under a lease, the tenant pays rent, and the landlord gives the tenant physical possession of certain rental property for a tenant to use (e.g., to live in, as with a rental house).
Leases are usually in writing, but can be oral.
Vocabulary
Dispossessory Proceeding: The court proceeding a landlord must use in order to remove a tenant from rental property (also referred to as “eviction”)
Distraint: The legal proceeding a landlord must use in order to seize personal property from a tenant (which is usually then sold to compensate the landlord for past due rent).
Lease: A contract between a landlord and a tenant.
Under a lease, the tenant pays rent, and the landlord gives the tenant physical possession of certain rental property for a tenant to use (e.g., to live in, as with a rental house
Leases are usually in writing, but can be oral

3. When Can a Landlord Evict a Tenant?
Georgia is a “no-cause” eviction state. This means a landlord can evict a tenant from rental property for no reason at all.
If a tenant has a lease; however, the terms of the lease will control on the issue of eviction.
The law of the United States also sets limits on what a landlord can do when evicting a tenant.
A landlord cannot evict a tenant for reasons such as race or gender.
Anti-discrimination laws apply in eviction cases.
When Can a Landlord Evict a Tenant?
Georgia is a “no-cause” eviction state. This means a landlord can evict a tenant from rental property for no reason at all.
If a tenant has a lease; however, the terms of the lease will control on the issue of eviction.
The law of the United States also sets limits on what a landlord can do when evicting a tenant.
A landlord cannot evict a tenant for reasons such as race or gender.
Anti-discrimination laws apply in eviction cases.

4. How Is a Tenant Notified of an Eviction
A landlord must give a tenant notice in order to initiate the eviction process.
A notice of eviction will usually be in writing, but it can be oral.
The notice will include a demand that the tenant vacate the property he/she is renting by a certain date.
If the tenant does not vacate the property by the specified date, then the landlord can initiate a dispossessory proceeding.
How Is a Tenant Notified of an Eviction
A landlord must give a tenant notice in order to initiate the eviction process.
A notice of eviction will usually be in writing, but it can be oral.
The notice will include a demand that the tenant vacate the property he/she is renting by a certain date.
If the tenant does not vacate the property by the specified date, then the landlord can initiate a dispossessory proceeding.

5. How Much Notice Must a Landlord Give a Tenant?
If there is a lease, the notice provision in the lease will control on this issue. In other words, the Landlord will have to give as much notice as is required by the lease.
If there is no lease and the eviction is for past due rent, the notice period can be very short, even as little as one day.
If there is no lease and the eviction is for any other reason, the landlord must give the tenant 60 days notice.
The tenant has the legal right to remain in the rental property during the notice period
How Much Notice Must a Landlord Give a Tenant?
If there is a lease, the notice provision in the lease will control on this issue. In other words, the Landlord will have to give as much notice as is required by the lease.
If there is no lease and the eviction is for past due rent, the notice period can be very short, even as little as one day.
If there is no lease and the eviction is for any other reason, the landlord must give the tenant 60 days notice.
The tenant has the legal right to remain in the rental property during the notice period

6. What Should a Tenant Do Following Notification?
If a tenant wants to challenge his/her eviction, he/she should:
Keep copies of all paperwork, including leases,
Keep track of all deadlines,
File all necessary documents with the court on time, and
Appear in court on the date of the hearing.
What Should a Tenant Do Following Notification?
If a tenant wants to challenge his/her eviction, he/she should:
Keep copies of all paperwork, including leases,
Keep track of all deadlines,
File all necessary documents with the court on time, and
Appear in court on the date of the hearing.

7. Are There Limits on What a Landlord Can Do?
A landlord cannot use “self-help” measures to dispossess a tenant without going to court or prior to going to court.
“Self-help” measures include such things as:
Changing the locks on the rental property,
Having the utilities turned off, or
Removing the tenant’s belongings from the rental property.
A landlord must have a court order before the landlord can evict a tenant.
Are There Limits on What a Landlord Can Do?
A landlord cannot use “self-help” measures to dispossess a tenant without going to court or prior to going to court.
“Self-help” measures include such things as:
Changing the locks on the rental property,
Having the utilities turned off, or
Removing the tenant’s belongings from the rental property.
A landlord must have a court order before the landlord can evict a tenant.

8. Can a Landlord Do Anything Else?
If a tenant is behind on paying his/her rent, the landlord can file a distraint case and seize the tenant’s personal property.
To win the distraint case, the landlord must show that the tenant:
Is behind on his/her rent payments, and
Is attempting to remove his/her personal belongings from the rental property.
If the court rules in favor of the landlord, the tenant’s personal property:
Will be advertised in the newspaper, and
Sold at a public auction.
Can a Landlord Do Anything Else?
If a tenant is behind on paying his/her rent, the landlord can file a distraint case and seize the tenant’s personal property.
To win the distraint case, the landlord must show that the tenant:
Is behind on his/her rent payments, and
Is attempting to remove his/her personal belongings from the rental property.
If the court rules in favor of the landlord, the tenant’s personal property:
Will be advertised in the newspaper, and
Sold at a public auction.

9. How Does a Landlord Proceed with a Dispossessory Case?
The landlord must:
File the dispossessory proceeding with the court, and
Make sure the tenant receives notice that the proceeding has been filed
The tenant will receive the notification from the sheriff or other law enforcement officer. The notice can be given personally to an adult living in the rental property or it can be tacked on the door with a copy of the notice being simultaneously mailed to the tenant.
The tenant has 7 days after receiving the notice to respond to the case filed against him/her
If the tenant responds, there will be a court hearing to decide whether the landlord or tenant wins the case. If the tenant does not respond, the landlord will automatically win the case
How Does a Landlord Proceed with a Dispossessory Case?
The landlord must:
File the dispossessory proceeding with the court, and
Make sure the tenant receives notice that the proceeding has been filed
The tenant will receive the notification from the sheriff or other law enforcement officer. The notice can be given personally to an adult living in the rental property or it can be tacked on the door with a copy of the notice being simultaneously mailed to the tenant.
The tenant has 7 days after receiving the notice to respond to the case filed against him/her
If the tenant responds, there will be a court hearing to decide whether the landlord or tenant wins the case. If the tenant does not respond, the landlord will automatically win the case

10. How Should a Tenant Respond?
The tenant’s response is called an “answer.”
The answer must be filled in writing or be made orally to the Clerk of Court.
The answer should include:
All defenses or reasons why the court should not order the eviction, and/or
All claims against the landlord.
How Should a Tenant Respond?
The tenant’s response is called an “answer.”
The answer must be filled in writing or be made orally to the Clerk of Court.
The answer should include:
All defenses or reasons why the court should not order the eviction, and/or
All claims against the landlord.

11. What Must the Landlord Do to Prove the Case?
The landlord has to prove that:
The landlord is the rightful owner or holder of the property, and
The landlord gave proper notice of the eviction to the tenant.
If the eviction is for non-payment of rent, the landlord must also prove that the rent has not been paid.
If the eviction is for the violation of a lease, the landlord must prove that the violation occurred.
What Must the Landlord Do to Prove the Case?
The landlord has to prove that:
The landlord is the rightful owner or holder of the property, and
The landlord gave proper notice of the eviction to the tenant.
If the eviction is for non-payment of rent, the landlord must also prove that the rent has not been paid.
If the eviction is for the violation of a lease, the landlord must prove that the violation occurred.

12. Are There Defenses a Tenant Can Raise?
If a landlord is attempting to evict a tenant for not paying rent, the tenant has an absolute defense provided he/she can pay:
All the rent that is due, and
All the costs of the landlord’s court case.
If the tenant raises this defense, the rent must be paid to the landlord within 7 days after the tenant receives notice that the dispossessory proceeding has been filed.
A tenant can use this defense with the same landlord only one time within a 12 month period
Are There Defenses a Tenant Can Raise?
If a landlord is attempting to evict a tenant for not paying rent, the tenant has an absolute defense provided he/she can pay:
All the rent that is due, and
All the costs of the landlord’s court case.
If the tenant raises this defense, the rent must be paid to the landlord within 7 days after the tenant receives notice that the dispossessory proceeding has been filed.
A tenant can use this defense with the same landlord only one time within a 12 month period

13. Defenses cont.
There are no other substantial defenses that can be raised to contest an eviction.
A tenant may be able to delay eviction if the landlord did not properly notify him/her of it.
Also, there may be an anti-discrimination defense under the Federal Housing Act, but these defenses are hard to prove.
The Federal Housing Act does not allow landlords to discriminate against tenants based on their race, color, national origin, religion, sex, familial status (such as number of children or pregnancy), or handicap (disability).
There are no other substantial defenses that can be raised to contest an eviction.
A tenant may be able to delay eviction if the landlord did not properly notify him/her of it.
Also, there may be an anti-discrimination defense under the Federal Housing Act, but these defenses are hard to prove.
The Federal Housing Act does not allow landlords to discriminate against tenants based on their race, color, national origin, religion, sex, familial status (such as number of children or pregnancy), or handicap (disability).

14. Are There Claims a Tenant Can Raise?
A tenant may raise acclaim against a landlord if the landlord does not make necessary repairs to the rental property.
Landlords are required by a “warranty of habitability” to make the repairs necessary for rental property to be livable.
Are There Claims a Tenant Can Raise?
A tenant may raise acclaim against a landlord if the landlord does not make necessary repairs to the rental property.
Landlords are required by a “warranty of habitability” to make the repairs necessary for rental property to be livable.

15. What Happens if a Tenant Wins the Case?
If a tenant wins an eviction case, he/she may stay in the rental property.
A landlord can evict the tenant later for other reasons.
What Happens if a Tenant Wins the Case?
If a tenant wins an eviction case, he/she may stay in the rental property.
A landlord can evict the tenant later for other reasons.

16. What Happens if a Tenant Loses the Case?
The tenant may leave the rental property voluntarily.
Usually, a sheriff or marshal will go to the rental property and physically remove the tenant and his/her belongings from it.
The landlord or sheriff has the right to:
Move the tenant’s personal items to the street or sidewalk, and
Change the locks on the rental property.
What Happens if a Tenant Loses the Case?
The tenant may leave the rental property voluntarily.
Usually, a sheriff or marshal will go to the rental property and physically remove the tenant and his/her belongings from it.
The landlord or sheriff has the right to:
Move the tenant’s personal items to the street or sidewalk, and
Change the locks on the rental property.

17. Can a Tenant Appeal the Court’s Decision?
Decisions in dispossessory cases can be appealed. In these cases, the appeal is “de novo” which means the tenant gets to start over with a new trial.
The tenant must file an appeal within 7 days of the court’s decision.
Tenants who appeal eviction cases are allowed to stay in the rental property while the appeal is pending. When this happens, the tenant may be required to pay rent to the court while waiting for the higher court to make its decision on the appeal.
Can a Tenant Appeal the Court’s Decision?
Decisions in dispossessory cases can be appealed. In these cases, the appeal is “de novo” which means the tenant gets to start over with a new trial.
The tenant must file an appeal within 7 days of the court’s decision.
Tenants who appeal eviction cases are allowed to stay in the rental property while the appeal is pending. When this happens, the tenant may be required to pay rent to the court while waiting for the higher court to make its decision on the appeal.

18. Subsidized Housing
Tenants who live in subsidized housing have greater rights than those described in this presentation.
Subsidized housing includes public housing, USDA housing, and Section 8 housing (including situations where a Section 8 voucher or waiver is used to pay rent to a private landlord).
Tenants who live in a subsidized housing and who experience problems with their landlords, including the threat of eviction, should contact a legal assistance program or a private attorney.
Subsidized Housing
Tenants who live in subsidized housing have greater rights than those described in this presentation.
Subsidized housing includes public housing, USDA housing, and Section 8 housing (including situations where a Section 8 voucher or waiver is used to pay rent to a private landlord).
Tenants who live in a subsidized housing and who experience problems with their landlords, including the threat of eviction, should contact a legal assistance program or a private attorney.

19. Where Can a Tenant Get Help with an Eviction Case?
Georgia Legal Services Program: This organization provides legal assistance to low-income families who cannot afford to hire a private attorney. Call: or
Atlanta Legal Aid Society: This organization provides legal assistance to low-income families. Housing issues are among this organization’s top priorities. Call:
Atlanta Bar Association: This organization provides referrals of lawyers to people in the Atlanta area. Call:
Atlanta Volunteer Lawyers Foundation: This organization provides civil legal representation through the use of volunteer lawyers. AVLF serves Fulton County residents who do not live in the city of Atlanta. Call:
Where Can a Tenant Get Help with an Eviction Case?
Georgia Legal Services Program: This organization provides legal assistance to low-income families who cannot afford to hire a private attorney. Call: or
Atlanta Legal Aid Society: This organization provides legal assistance to low-income families. Housing issues are among this organization’s top priorities. Call:
Atlanta Bar Association: This organization provides referrals of lawyers to people in the Atlanta area. Call:
Atlanta Volunteer Lawyers Foundation: This organization provides civil legal representation through the use of volunteer lawyers. AVLF serves Fulton County residents who do not live in the city of Atlanta. Call: