Step 1: We will send a 3-day demand letter as required by Georgia law. This demand letter will be put on company letterhead and is written and delivered in accordance with Georgia real estate law.
Step 2: We will then file a dispossessory in the appropriate county. This is usually done in person at the courthouse, but may be done online in some counties. Sometimes step 1 and 2 will get your tenant back on track and paying once again.
Step 3: We will then wait the required 7 days for tenant to file an answer to the dispo. Most tenants will file an answer. Once an answer is filed, the case then must go to court. The next step is the most critical in the process–preparation for court.
Step 4: We will prepare ourselves and attend court for eviction hearing.* The judge orders the parties to attempt an agreement. If a solution is not reached, the case goes before judge. We present our case with call and payment logs and other support documentation.
Step 5: If the verdict is in favor of the plaintiff (landlord), we must apply for a “writ.” A writ of possession is typically issued within 7 days, but can vary based on the county and volume of evictions in any one month for that county.
Step 6: We coordinate and meet with the county sheriff for a “set out.” A “set out” is when we meet the sheriff with 3 to 4 people (or more as dictated by each county) at the house to move all of the personal property of evicted tenants to the curb. The scheduling of the set out date is dependent on the availability and schedule of the sheriff–typically within 14 days but can be much longer. At the set out, the team of people will make entry to the home. It is also critical to change the locks at this time. All personal belongings must be set out on the curb. The sheriff usually allows trash to remain in home.
Step 7: 24 hours later, we must remove remaining personal belongings from curb. Most county ordinances require removal of the personal property from the residence after 24 hours on the curbside. If this is not done by the tenant, then the landlord must ensure removal and disposal of the property in order to avoid fines.
* The success we have in court will be dependent on the strength of the lease, the documentation of the payment history, and attempts to collect. The stronger and clearer this documentation is, the stronger our case will be. Our use of a very strong lease agreement as well as detailed record documentation is one more reason why our owners trust Yesirent Property Management.
We have handled several hundred evictions across all Metro Atlanta counties for over a decade. Our experience is important to help you finish what you started or start an eviction from the start. Each county may have different requirements. Don’t worry, we got you covered. When the need arises to evict a tenant who has not abided by the terms of his or her lease, YesiRent Property Management can help. The eviction or dispossessory process can be lengthy and, if not done correctly, can result in a dismissal. In the case of a dismissal, the tenant gets to stay in your property while you begin the process all over again. Avoid the headache and time commitment of evictions! Call Us today.
If YesiRent Placed Your Tenant:
$0.00 Eviction Processing Fee + Actual attorney costs, court costs & set out costs (when applicable)** Yesirent Property Management is not interested in profiting from our current clients during an eviction process; therefore, we are only covering our actual out-of-pocket external costs for our current management clients. This is painful and expensive enough, so we work hard to get the eviction done and place a new tenant so rent can start flowing once again. Costs can still get expensive in some cases, so we offer Eviction Protection to hedge against costly evictions for our management clients.
If after Eviction, you enter into new management agreement with YesiRent Property Management:
$199 Eviction Processing Fee + Actual attorney costs, court costs & set out costs (when applicable)** This can be a difficult process, but we are very experienced. This price is based on signing a new 12-month management services agreement with us.
Eviction Services Only:
$799 Eviction Processing Fee + set out costs (@$50/man hr.)** If we have not managed your property prior to us filing for eviction, it requires a considerable more about of time to prepare us for the eviction process. Pulling together proper information, support documentation, and records, and familiarizing ourselves with the case can be very time consuming. This is why the costs are more than if you had management services with us prior to needing to evict, and we discount if you are planning on utilizing YesiRent for management services going forward.
Set outs are required when the tenant does not move from the property prior to the Sheriff meeting our people at the property to take possession and secure the property. Counties in Atlanta Metro usually require somewhere between 4 and 7 people to be present with the sheriff to perform a set out. $50/man hr. is charged for set outs. 24hrs later, items set on curb that are not removed by tenant in 24 hours must be removed as well.
** Our experience is that most evictions do not require set outs.