How long can you go without paying rent in Georgia?
NOTE: If the landlord tries to evict you for not paying rent, you have seven (7) days to pay the rent owed. This is a complete defense, meaning that if you do it, the landlord cannot evict you, but the landlord is only required to accept a late payment once in a 12-month period.
On average, a Georgia eviction can take anywhere between 14 - 80 days from the initial notice period to the return of possession.
They have to give you the notice at least 14 days before they evict you. You might be able to ask the court again to delay the date you'll need to leave - for example if you can now repay your arrears or you're going to be homeless.
If the tenant files an answer, a court date will be set and the plaintiff will be notified by mail of the court date. Once a writ of possession is issued, an eviction must be requested within thirty (30) days of the date of service or a newLandlord-Tenant (Dispossessory) Affidavit must be filed.
A tenant cannot be evicted if a landlord accepts partial payment of rent for the current month. That does not mean you do not owe the money, but it does mean the landlord cannot evict you this month.
Tenant Has Paid Rent in Full
If the landlord is evicting the tenant for not paying the rent, the tenant can stop the eviction by paying the rent in full, including any applicable court fees, within seven days of receiving the summons for the eviction lawsuit.
Georgia law allows a landlord to evict a tenant for not paying rent on time. You must give the tenant notice that rent is due and the tenant must refuse to pay the rent before you can file an eviction lawsuit with the court.
Having an eviction on your record can be a major red flag and make it difficult to find a rental that meets your needs. Evictions stay on your record for seven years, but many people are not the same person they were seven years ago.
In Georgia landlord tenant laws, it is not recommended that tenants withhold rent when their landlord does not complete repairs. If a tenant does withhold rent, a landlord can consider it nonpayment of rent and pursue eviction. A better option is to file a lawsuit or contact a local housing code inspector.
The person you sue must be served the Complaint and Summons by the Sheriff, and you pay a service cost of approximately $25.00 per Defendant. (Example: evict one Defendant - the cost is approximately $83.00; two Defendants - the cost is approximately $108.00- plus the online filing fee if applicable).
References
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