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legalgems
legalgems, Arbitrator
Category: Real Estate Law
Satisfied Customers: 9407
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I have a tenant whose lease has expired, has not paid this

Customer Question

I have a tenant whose lease has expired, has not paid this months rent, wont move out and is threatening to take me to court claiming that I am forcing her out when she has a newborn baby.
What steps should I take with my tenant from here on out?
How can I deal with her under Georgia Law?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  legalgems replied 1 year ago.
A landlord (LL) does not have an obligation to provide free housing to a tenant; section 8 is designed to aid low income earners so that they can have adequate housing, not private LLs. The basis for evicting a tenant are:· Non-payment of rent,· Failure to surrender the premises at the end of the lease term, or· Breach of the lease, including any rules that are part of the lease, if the lease provides such breach entitles the landlord to terminate the lease.
Expert:  legalgems replied 1 year ago.
It is important to comply with the eviction process because if one does self help eviction, they can be held liable and fined by the court. The process is here:http://www.georgialegalaid.org/files/6FCBD72D-B465-109D-9EC1-5A4F52A74EE9/attachments/A8FF3D14-0821-1324-DDA4-88D066B8D4CC/3395812007%20eviction.pdf
Expert:  legalgems replied 1 year ago.
The tenant has 7 days to respond, and then the court will hold a hearing. If successful (ie tenant did not pay rent) the court will typically issue a writ of possession, entitling the LL to possession of the property.This is the procedure in more detail:http://www.libertycountyga.com/topic/index.php?topicid=74 Further questions? Please post here to continue the chat. Satisfied? Kindly rate positively so I receive credit for assisting you.(no additional charges are incurred). Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.
Expert:  legalgems replied 1 year ago.
checking in while the question is still open to see how things worked outHave a great day!