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In Georgia, the legal process for eviction is called a dispossessory action. The relationship between landlord and tenant is governed by the Georgia Landlord Tenant Act. If a tenant fails to pay rent on time or breaches any other provisions of the lease agreement, a landlord may bring a dispossessory action to evict the tenant.
The process of eviction can be a difficult and stressful time for both tenants and landlords as there are filing requirements, deadlines to meet and potential defenses that must be taken into consideration.
At Nemat Law Firm LLC, we make the process of evicting a tenant as easy and stress-free as possible. Whether you are a landlord seeking to evict a non-compliant tenant or a tenant facing an unwarranted eviction, contact us today at (770) 285-8008 to discuss your case and learn how we can help.
A residential dispossessory case is a legal process for eviction that applies exclusively to tenants residing in rental properties. The process involves seeking a court order to take possession of rental property from a tenant who has not complied with the terms of their lease agreement.
It is important to note that a landlord cannot evict a tenant without a court order, and self-help measures such as changing the locks without a court order can result in significant legal consequences for the landlord.
The legal process of a residential dispossessory case begins with the landlord providing the tenant with notice of their intention to evict. Typically, this notice must be in writing and provide a certain number of days for the tenant to either cure the violation or vacate the property.
If the tenant does not vacate the property or cure the violation, the landlord can then file a dispossessory affidavit with the court seeking a judgment for possession of the property.
Once the affidavit has been filed, the tenant must be served with a copy of the affidavit and a summons for a court hearing. If the tenant does not appear at the hearing or the court finds in favor of the landlord, the court will issue an order for possession of the property.
It is important to note that landlords must follow strict guidelines and procedures when seeking to evict tenants. Failure to comply with these procedures can result in delays and even dismissal of a landlord’s case.
Similarly, tenants have certain rights under Georgia law and can challenge an eviction if they feel their rights have been violated. Some common defenses that tenants may use include proving that:
It is important for both landlords and tenants to consult with a knowledgeable attorney to ensure that their rights are protected and their interests are represented.
At Nemat Law Firm LLC, we understand the complexities involved in residential dispossessory cases. For landlords, we can assist with:
For tenants, we can assist with:
No matter what your situation is, our experienced attorneys can help protect your rights and ensure that your interests are represented. We understand the importance of resolving residential dispossessory cases quickly and efficiently, and our goal is to make the process of evicting a tenant or defending against an eviction as seamless and stress-free as possible.
Navigating a residential dispossessory case can be challenging even for those who have some legal knowledge. That’s why it’s important to work with an attorney who is well-versed in residential landlord-tenant law. At Nemat Law Firm LLC, we have handled numerous residential dispossessory cases for landlords in Atlanta. Our attorneys are experienced in representing and advocating for our clients’ interests.
If you’re currently involved in a residential dispossessory case or have questions about the eviction process in Atlanta, GA, please don’t hesitate to contact us at (770) 285-8008. We are always here to help.