Tenant rights play a crucial role in dispossessory proceedings, commonly known as evictions. In Georgia, evictions are governed by the landlord and tenant chapter of the Georgia Code, which establishes clear procedures that landlords must follow. At Plunkett, Hamilton, Manton & Graves, LLP, located in Augusta, GA, we provide legal representation to protect tenants’ rights and ensure that they are treated fairly under the law.
Understanding Dispossessory Proceedings
A landlord may initiate a dispossessory proceeding to evict a tenant for several reasons, including:
- Non-payment of rent
- Violation of lease terms, such as unauthorized occupants or property damage
- Expiration of the lease without renewal
However, tenants have legal rights throughout the eviction process. Landlords are not allowed to evict tenants through harassment, changing locks, or cutting off utilities. Instead, they must follow the proper legal procedures, which include providing notice and filing a dispossessory affidavit with the court.
Tenant Rights During Eviction
Tenants in Georgia have several important rights that protect them during the eviction process:
1. Proper Notice
Before filing an eviction lawsuit, the landlord must provide the tenant with a demand for possession. This notice typically gives the tenant the opportunity to either pay overdue rent or correct the lease violation. Without proper notice, the landlord’s case may be dismissed.
2. Court Hearing and Defense
After the landlord files a dispossessory affidavit, the tenant has the right to be notified of the lawsuit and served with court documents. Tenants can file an answer to the affidavit, outlining their defenses or counterclaims. Common defenses include:
- The landlord failed to provide proper notice.
- The eviction is based on retaliation or discrimination.
- The landlord has not upheld their duty to maintain the property.
Tenants have the right to present evidence and testify at the court hearing.
3. Protection Against Self-Help Eviction
In Georgia, landlords cannot use self-help methods, such as:
- Changing the locks
- Removing the tenant’s belongings
- Disconnecting utilities
These actions are illegal and may entitle tenants to damages.
4. Right to Appeal
If a tenant loses the eviction case, they have the right to appeal the court’s decision. During the appeal process, tenants may be allowed to stay on the property, provided they pay rent into the court registry.
Why Legal Representation Is Crucial
Navigating dispossessory proceedings can be overwhelming without legal assistance. Having an experienced tenant rights attorney ensures that:
- Your rights are protected throughout the eviction process.
- All procedural requirements are followed by the landlord.
- You have a strong defense to present in court.
At Plunkett, Hamilton, Manton & Graves, LLP, we understand the complexities of landlord-tenant disputes and work to provide tenants with effective legal support. Our team can help you understand your rights, file necessary documents, and build a defense to fight unfair evictions.
Contact Us for Tenant Representation in Augusta, GA
If you are facing an eviction or have questions about your tenant rights, contact Plunkett, Hamilton, Manton & Graves, LLP in Augusta, GA. We are dedicated to helping tenants protect their homes or commercial space and secure fair treatment under the law. Schedule a consultation today to discuss your case with our experienced legal team.
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