How to Terminate a Month-to-Month Lease for Non Payment in Georgia

Each state has its own laws that must be followed when it comes to rental properties. Landlords in Georgia, for example, who choose to use a month-to-month lease, must follow the proper eviction procedure when a tenant fails to make their monthly rent payment. The proper eviction procedure is found in Georgia's code sections 44-7-50, 44-7-52, and 44-7-7. The dispossessory process does take time, but is set in place to protect both the landlord and the tenant. All of Georgia's county magistrate courts handle tenant/landlord matters.

Instructions

1

Write a demand letter requesting the tenant to vacate the premises immediately due to the non-payment of rent. Cite any relevant sections from your month-to-month lease in the demand letter. Send a copy of this letter to your tenant with a return receipt option so that you have proof the tenant received it. There is no law in Georgia that states how much time you have to give the tenant to respond to your demand letter, but a week to 10 days is appropriate.

2

File a dispossessory affidavit at the magistrate court in the county where the rental property is located if the tenant doesn't heed the demand letter. A dispossessory affidavit is a document that the landlord swears to in order to begin legally evicting a tenant. You will need to report your name, the tenant's name, that the tenant is being evicted for non-payment of rent, that you issued a demand letter that was not followed and the amount of rent currently owed by the tenant. The filing fee for all affidavits in Georgia is $10 for the first page, and $2 for each additional page.

3

Submit a copy of the dispossessory affidavit to the local Sheriff's office so that it can be properly served to the tenants. The fee for this service is currently $25.

4

Wait seven days for the tenant to respond to the disposessory affidavit. If no response is given, return to the court for a writ of possession. The magistrate will issue the write of possession, and there is no further fee for this as it is included in the disposessory affidavit fee.

5

Take the writ of possession to the sheriff's office. Pay the Sheriff the $50 fee to serve the writ of possession. The Sheriff's officers will then remove the tenant for you that day, or at their earliest convenience. In other words, the writ of possession takes place immediately. The tenants do not get any more time to move out.

6

Attend your scheduled trial if the tenant does respond with the seven days. Bring a copy of the lease, as well as any documents that support your case. The judge will make a verdict after hearing the evidence from both parties.

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