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Have renters in a house in Fort valley GA and the lease is…

Customer Question
Hi have renters in...

Hi have renters in a house in Fort valley GA and the lease is up in January. I want them out since they are not paying rent. Since I live far away I will go down to double check the house in January but I want to make sure they have left before I get there. That way my time is well spend there with a rental management company now.

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

GA

Lawyer's Assistant: Has any paperwork been filed?

No just a lease signed in July from WA state not GA since i was trying to do it myself. I live in WA state so the lease was from my home state and not GA. I have learned my lesson and will then get a management company to handle this house now.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I thought maybe that these people would be as good as my last rent. She was getting old and could not take care of the place well. She was there several years and paid well. She took care of the house when her husband was alive but after that time she let it go. So this new couple was suppose to do the same thing rent free if they fixed the place up. They did do some stuff but have not communicated with us and refused to communicate with us. I just do not want to renew the lease. I have a lawyer here but not there.

Submitted: 7 months ago.Category: Real Estate Law
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Answered in 2 minutes by:
12/14/2017
Real Estate Lawyer: Ray, Lawyer replied 7 months ago
Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 48,104
Experience: Texas Attorney for 30 years dealing in real estate
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

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Real Estate Lawyer: Ray, Lawyer replied 7 months ago

Here is the Georgia notice to quit you have to complete and send them.You send it certified mail and then you can file forcible entry and detainer.

Forms

https://eforms.com/eviction/ga/georgia-immediate-notice-to-quit-non-payment-of-rent/

How to Evict (Process)

Step 1 : You will then either provide the tenant with an Immediate Day Notice of Quit (Non-Payment) or a Month-to-Month Notice to Quit.

Step 2 – If the tenant fails to respond to the notice, you are then entitled to file a dispossessory action in your Local Magistrate Court. The courts have the form you need to file – you must use the Dispossessory Affidavit. You will need to have your tenant’s name and address, the reason that you are seeking dispossession and you will need to certify that you provided notice to your tenant to vacate the premises.

Step 3 – The dispossessory warrant will have to be served on the tenant usually by a sheriff or other approved State serving method.

Step 4 – The tenant will have seven (7) days to respond with an Answer Form (tenant may use the Online Form Service to fill-in). If the tenant does not respond, landlord may obtain a Writ of Possession from the court to take back possession of the premises. Again, you will need to obtain from your local court. Once the landlord has a Writ of Possession signed by the court, he or she can have the sheriff remove the tenant.

This is a good step by step.You may want to use a local Georgia real estate lawyer to file your suit and get them out of the house.This is bound to be complicated because there does not appear to be a lease and it may be your word against theirs.

I appreciate the chance to help you today.Thanks and thanks for rating 5 stars.

I wish you a Happy Holidays.

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