When it comes to renting a property in Georgia, it’s important for tenants to be aware of their rights, especially in the case of evictions. Understanding the laws and regulations surrounding evictions can help tenants protect themselves and ensure that they are treated fairly throughout the process.
Plunkett, Hamilton, Manton & Graves, LLP, in Augusta, Georgia, can provide experienced representation for tenants and landlords in eviction disputes. Here’s more about a tenant’s rights under the law.
State Law Governing Evictions
In Georgia, the landlord-tenant relationship is governed by state law, which sets out the rights and responsibilities of both parties. When it comes to evictions, there are specific procedures that landlords must follow, and tenants have certain rights that protect them from unfair or illegal eviction practices. An eviction lawsuit is also called a dispossessory proceeding.
One of the most important rights that tenants have in Georgia when facing eviction is the right to due process. This means that landlords cannot simply force a tenant to leave a property without following the proper legal procedures. In most cases, this involves providing the tenant with written notice and going through the court system to obtain an eviction order.
According to the Georgia Landlord-Tenant Handbook from the State Department of Community Affairs, “It is ILLEGAL for a landlord to evict you or otherwise retaliate against you for calling code enforcement. However, you should be aware that contacting a code inspector might further strain your relationship with the landlord and this should usually be done as a last resort.”
When Can a Tenant Be Evicted?
In Georgia, there are several reasons for which a landlord can evict a tenant, including failure to pay rent, violating the terms of the lease or engaging in illegal activities on the property. However, regardless of the reason for the eviction, landlords must still follow the correct legal procedures and provide tenants with the opportunity to respond to the eviction proceedings.
Tenants also have the right to challenge an eviction in court. If a landlord initiates eviction proceedings, the tenant has the right to appear in court to present their case and defend themselves against the eviction. This gives tenants the opportunity to explain their side of the story and potentially prevent the eviction from taking place.
Additionally, tenants have the right to receive a written notice of the eviction, which must include specific information such as the reason for the eviction, the date by which the tenant must vacate the property and any other relevant details. This notice gives tenants the opportunity to understand the reasons for the eviction and seek legal advice if necessary.
Augusta, GA, Landlord – Tenant Lawyer
It’s important for tenants to be aware of their rights and to seek legal advice if they are facing an eviction. Tenants in Georgia have certain rights when it comes to evictions, and it’s important for them to be aware of these rights in order to protect themselves from unfair or illegal eviction practices. Plunkett, Hamilton, Manton & Graves, LLP, can help when you are facing an unfair or illegal eviction. Contact us immediately for a consultation to learn more about your rights and possible courses of action.
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