How to Evict a Family Member in Georgia

Evicting a family member is an emotionally challenging and legally complex task. It is crucial to approach this situation with empathy and understanding while also following the legal procedures to protect your rights as a property owner. In the state of Georgia, there are specific steps you must take to evict a family member, and it is essential to be aware of the laws and regulations involved. In this article, we will guide you through the eviction process in Georgia and address some frequently asked questions.

Step 1: Review the Lease Agreement
If your family member has a written lease agreement with you, review it thoroughly to understand the terms and conditions, including any provisions related to eviction. If there is no lease agreement in place, the eviction process may still apply, but the specifics may vary.

Step 2: Provide Written Notice
As a property owner, you must give your family member a written notice to vacate the property. This notice should include the reason for the eviction, the date by which they must vacate the premises, and any possible consequences for non-compliance. In Georgia, the minimum notice period is generally 30 days, but it may vary depending on the circumstances.

Step 3: File a Dispossessory Affidavit
If your family member fails to vacate the property within the specified timeframe, you can proceed to file a dispossessory affidavit with the local magistrate court. This affidavit initiates the legal eviction process and notifies the court of your intent to regain possession of the property.

Step 4: Serve the Dispossessory Affidavit
After filing the dispossessory affidavit, you must serve it to your family member. Georgia law requires that the affidavit is served by a sheriff, marshal, or authorized process server. This ensures that the family member receives official notice of the eviction proceedings.

Step 5: Attend the Court Hearing
Once the dispossessory affidavit has been served, a court hearing will be scheduled. Both you and your family member will have an opportunity to present your cases before a judge. It is crucial to gather any relevant evidence or documentation to support your claim during this hearing.

Step 6: Obtain the Writ of Possession
If the judge rules in your favor, you will be granted a writ of possession, which allows you to regain possession of your property. The writ is typically issued after the court hearing if the judge determines that the eviction is justified.

Step 7: Enforce the Eviction
With the writ of possession in hand, you can enlist the local sheriff’s office to enforce the eviction. The sheriff will provide notice to your family member, allowing them a final opportunity to vacate the premises. If they fail to comply, the sheriff will physically remove them from the property.

FAQs:

1. Can I evict a family member without a lease agreement?
Yes, even without a lease agreement, you can still evict a family member in Georgia. The process outlined above should be followed, providing proper written notice and following the legal steps required.

2. What if my family member refuses to leave after the court hearing?
If your family member refuses to vacate the property even after the court hearing, you can request the sheriff’s assistance to remove them. The sheriff will ensure that the eviction is carried out according to legal procedures.

3. Can I change the locks or remove their belongings without legal repercussions?
No, as a property owner, you cannot change the locks or remove your family member’s belongings without following the proper legal process. Doing so may result in legal consequences and can complicate the eviction process.

4. Can I evict a family member during the COVID-19 pandemic?
The eviction process in Georgia has been subject to temporary restrictions during the COVID-19 pandemic. It is advisable to consult an attorney or research the latest regulations from state and federal authorities to ensure compliance.

5. What if the family member is not paying rent?
If your family member is not paying rent, you can follow the same eviction process outlined above. Non-payment of rent is a valid reason for eviction, and you should provide the appropriate written notice before proceeding with legal action.

6. Can I evict a family member for causing property damage?
Yes, if a family member is causing significant property damage, it may be grounds for eviction. However, it is vital to gather evidence and document the damage to support your case during the court hearing.

7. Can I evict a family member without going to court?
No, you must go through the court process to legally evict a family member in Georgia. The court provides a fair and impartial platform for both parties to present their cases and reach a resolution.