I rented my home to a friend who has not paid there December 2011 rent and now it is Jan 11, 2012 and that month rent is also due. I want to evict that person and file for lost rent for the two months due. Where do and what do i need to file in court to start this process.. The home is located in Covington, Georgia..
Do you have a written lease? If so does it stipulate a grace period for payment?
Unless you believe you will have continued problems with the tenant, the most cost effective step would be to ask the tenant what is going on, and when they will pay.
Eviction is a court process involving sending legal notice to the tenant, tenant and you present your arguments to the court, court decison and writ of possession, possibly a sheriff to physically remove the tenant and his/her possessions. The process takes a few weeks to a couple months, depending on variables.
I believe (I am not a GA lawyer) the Magistrate's courts handles landlord tenant cases and you would start by contacting Newton County Magistrate Court at (770) 784-2050. Even if they are not the correct court, the clerk can tell you which court to contact.
I am licensed in the Commonwealth of Virginia, answering your query does not create an attorney-client relationship and I AM NOT providing you legal advice. You should speak with an attorney to whom you have provided all the facts, before you take steps that may impact your legal rights--or rights to recovery of damages. I wish you the best of luck with your situation.
The first step is to send a written demand for possession of the property based on the non-payment of rent. Then, if she does not move out by whatever date you provided in the letter, you may file a dispossessory action in the magistrate court of the county where the property is located. Once served, she will have seven days to respond if she wants to fight the eviction.
Family Law Attorney
To start this process, you would need to file a complaint for eviction in the Newton County magistrate court. Alternatively, you can retain an attorney to handle the eviction for you. If you file the action yourself, make sure to include everything that you want. (The judge will NOT award it if you leave it out of the complaint.)
~ Kem Eyo
The above answer is a general explanation of legal rights and procedures. It does not constitute legal advice. Nor does it establish an attorney-client relationship between the individual posting the question and the attorney providing the answer.