Atlanta Property Management Blog

Georgia Dispossessory Process Flowchart

 

My name is Andy Ritan and I am the owner and broker of Atlanta Property Management Group, a residential property management company in Atlanta, Georgia. I've been managing residential income property for 20 years. At the moment we manage about 270 single family homes. 

This video is about a flowchart I devised for my owner clients to explain the eviction process in Georgia. The Georgia eviction process flowchart is available to download for free from our website, atlantapropertymanagement.com, at the DIY landlording page. 

As you can see, the eviction process is somewhat convoluted and takes a little effort to understand. Also, the process "forks" in several places depending on what happens: Whether the tenant answers the dispossessary warrant or not, and whether the tenant attends court or does not attend court. 

Here is an overview of the process: 

  1. The Landlord sends the tenant a demand letter. 
  2. the Landlord files a dispossessory affidavit at the county courthouse. 
  3. The Marshall serves the tenant with a dispossessory warrant and the tenant is given seven days to respond. 
  4. If the tenant does not answer (or respond to) the dispossessory warrant, the landlord is entitled to a writ of possession "instanter," meaning instantly without delay or further court actions. 
  5. If the tenant answers the dispossessory warrant, a court date is scheduled. 
  6. If the landlord appears in court but the tenant does not, the landlord gets a writ of possession "instanter." 
  7. If the landlord and tenant appear in court and the judge decides in the landlord's favor, then the judge will make a writ of possession available to the landlord in 8 days (the judge gives the tenant a week to move out). 
  8. Once the writ is available to the landlord, the landlord may file it at the county courthouse. 
  9. After the writ is filed, the landlord's eviction goes to the end of the line of currently scheduled evictions in the county. 
  10. When the marshal's office has worked through its backlog and the landlord's set-out comes to the top of the schedule, the marshal will go to the property with a crew hired by the landlord, and the marshal will oversee the set-out. 

I referred to a "demand letter" and a "dispossessory affidavit" a moment ago; please note that you can download samples of both of these from my website at the DIY landlording page. 

As you can see, there are many nuances to the eviction process and it is impossible to gain a full understanding of it without investing a little time to understand it. There are two documents available free for download at my website that provide an overview of the eviction process. The Georgia Landlord Tenant Handbook, provided by the State of Georgia Department of Community Affairs, has a helpful description of all the steps to the eviction process from the perspective of both the tenant and the landlord. For the more serious student of Georgia evictions, the Georgia State Court Benchbook includes a complete description of the eviction process from the perspective of Georgia state court judges. The State Court Benchbook includes many references to Georgia statutes as well as legal textbooks. 

I am not an attorney and do not provide legal advice. The materials available at this web site are for informational purposes only. You should contact your attorney to obtain advice with respect to any particular issue or problem. 

Good luck out there! If you'd like help with your eviction, please find us at atlantapropertymanagement.com.

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