Eviction Process Explained
In Georgia, the first step in the process is a demand for payment of the rent from the tenant. Typically it is called a “Pay or Quit Letter” or “3 Day Letter”.
From here, the next step would be to file a dispossessory with the county where the property is located. The filing fee is generally $200.00 – $250.00 for 2 adults, but can go up depending on the number of adults in the property and the county. We add this amount to the tenant’s bill so that in case you want to dismiss the case, they will be obligated to pay these charges in addition to the outstanding rent.
Once they are served by the sheriff, they have 7 days to respond and there is a court date set or if they do not respond, we can proceed with obtaining the WRIT. Once we have a court appearance, typically there is another 7 days for the tenant to vacate and if not, we can file for the WRIT. Legal fees for court appearances vary between $90-200. The cost of the WRIT is between $65-95 depending on the county.
Once we have the WRIT, we would then schedule with the sheriff and the requires labor crew for the physical removal of their belongings. Fortunately, there are few instances where this occurs. Most people typically vacate on their own, but please note that if they leave ANYTHING in the home, we will be required to proceed with sheriff services to remove the items.
Depending on the county, we have to allow the property to stay on the curb for a period of time and then have to come back and remove the items so that the neighbors don’t get upset about all the trash. Some counties require immediate removal which will require hauling and dump fees.
The entire process typically takes between 45-75 days for most counties, due to the sheer volume of filings. Therefore, we recommend that you start preparing for this right away.
For our clients, we will provide status reports as we receive them. Please be aware that there will be a long time in between these reports as we are waiting for the county system and we have no control over the timing of this. We outsource this process to a professional eviction service so you will get the benefit of reduced legal fees, group rates and expediting of services since they contract directly with the sheriff for physical eviction which is much faster than waiting for individual service.
The tenant’s security deposit will be credited to your account and in many cases will cover the cost of the physical eviction and securing the property by changing the locks.
Once the property is secured, we will evaluate the property and provide a quote for turn-key of the property. If you have a vendor that you want to perform this work on your behalf, that is fine as well.
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