Suing Your Landlord and State and Superior Court Requires Work

If you decide to sue your landlord for more than $15,000, you have to do it in State or Superior Court. The Defendant may move it to federal court under certain circumstances. Regardless, once it is moved to "Big Girls' Court", you can't just sit back and let the attorney do all the work. Some of the work will be yours exclusively. Even the optional information gathering may cost you in the end of you just sit back and do nothing.

After the answer and before trial, the landlord is likely to send written questions, document requests, and requests for admissions. For the written questions, many are personal questions that the lawyer cannot answer because they relate to things like social media accounts, prior cases, education, etc. It may take you hours or even a day or two to answer these questions and collect documents.

If you claim physical or mental harm or income loss, you will have to provide a history of both. There is no getting around most of these invasive questions and document requests if you make these claims. However, it is easier and cheaper for you to obtain these yourself. If your lawyer has to subpoena the documents and pay for copies, that will take away from the amount of money you will receive at the end. Moreover, if you decide to procrastinate or just not do it, your case may be dismissed or your attorney may get fed up and withdraw from your case. This will occur even if your case is great.

The Eviction Process in Georgia for Failure to Pay Rent

The process for moving from failure to pay rent to ejectment for residential leases is a multi-step process: 

Pay Rent. 

In most leases the rent is due on the first with a 5 day grace period. 

Pay or Quit Notice 

If a tenant fails to pay and the was entered into or renewed before July 1, 2024, the landlord must give three business days to pay.  The notice to pay or quit must be posted on the door in an envelope. The landlord must also comply with any lease notices. 

Court Filing - Dispossessory

If the tenant does not pay or quit, the landlord can start the dispossessory action by filing in the magistrate court (usually) a dispossessory affidavit. 

During this time, during the failure to pay rent case, the landlord cannot accept money, even partial payment.  However, the tenant should keep the money and not spend it. 

Tack and Mail or Service.

In these type cases, the tenant does not have to be personally served.  The court stamped dispossessory affidavit and summons can be placed on the door (tacked) and mailed. 

Answer and Counterclaim

The tenant will have 7 calendar days to respond with an answer (and counterclaim if appropriate). I recommend the tenant consult with an experienced tenant lawyer to discuss his or her rights, defenses, and claims.  However, if you cannot do so, file the answer to meet the deadline.

Writ for No Answer

If a tenant misses the deadline, the landlord can apply for a writ.  Once the judge signs it,  the Marshals/Sheriffs will be scheduled to come for ejectment day. 

Court Date

On your court date, be on time, have your exhibits printed, and have your witnesses ready. Phone evidence is often rejected because of the germs that are on phones.  Many judges don't want to touch phones.  I know I don't want to touch an opposing party's phone.

Once the docket has been called, you will be told to go out to speak with your opponent to exchange exhibits and to discuss settlement.  Some courts have mediators to discuss cases with parties in an effort to resolve them. 

Hearing - Order

After both sides argue their case, the judge will decide who wins and for how much. 

If the landlord wins, the tenant will have seven days to vacate or the landlord will apply for a writ. 

If the tenants win, they can stay until the lease runs our.

Ejectment 

If the landlord wins and the tenants don't vacate, the landlord will obtain a writ and schedule a date for the marshal/sheriff to come to the property to keep the peace while the movers eject the tenants. Each department has a certain number of people a landlord must have to move the tenant out of the premises and onto the lawn, sidewalk, or driveway.  After everything is out, the landlord should change the locks.