3 Options Realty
555 Sun Valley Dr Ste H3
Roswell, Georgia 30076

Residential Sales, Rentals and Property Management for Metro Atlanta

Residential Rental Eviction Snag for Landlords

By Dan Wilhelm
August 20, 2013

You file an eviction warrant and the tenant answers, but you don’t get notice from the court before the court appearance date.  So you don’t show up in court.  Oops!

This is not an unlikely scenario in Georgia, because the courts really are committed to expeditiously processing dispossessory warrants.  But, in many jurisdictions, the preferred method of notification to the landlord is US Postal Service.  Unfortunately, the time it takes for the answer to reach the landlord by snail mail may come too late.  The solution to this problem would be to simply telephone the magistrate court clerk, and inquire as to whether an answer has been filed.

In Georgia the tenant must file an answer within 7 days of service delivery.  Usually the landlord is notified by US Mail within a few days of this service delivery, so the landlord knows when the 7 day suspense begins counting down.  Make a note of the suspense date and phone the clerk on the day after the 7 day notice deadline.  The clerk can tell you if an answer was filed, and if so, when the case is scheduled for a hearing.     

If there was no answer, then you can go to the courthouse and simply pick up the notice of issuance of the writ of possession and make arrangements for the set-out.

Dan Wilhelm
Master Property Manager
3 Options Realty

The author of this Blog is not an attorney.  Nothing written should be construed as legal advice.  Conclusions conveyed are outcomes based upon practical experience and should not be depended upon to be a common outcome of other similar circumstances.

3 Options Realty, LLC, Property Management, Roswell, GA