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A Motion to Set Aside (Cancel) Order for Summary Eviction allows the tenant to ask the court to "set aside" (annul or do away with) the eviction order based upon some legal reason why the order should never have been issued in the first place or has been satisfied.
Property damage is a legitimate reason for eviction in Georgia under the updated 2023 eviction laws. Landlords possess the authority to remove tenants who cause harm to their rental property, whether it is deliberate or due to negligence. This includes acts that result in harm to the premises.
The GA eviction notice itself must be delivered to the tenant as an official letter or form detailing the key information about the property and tenant. It must also clearly explain the reason the landlord wishes to terminate the lease and how long the resident has to comply with the notice.
If your eviction is for not paying your rent, and your landlord has not filed another warrant against you in the past year, you may be able to stop the process. You may offer to pay your landlord all the rent you owe, plus late fees and the cost of the warrant. You must offer it by the answer date.
Responding to Eviction All answers must be in writing. No answer can be taken over the phone or received by fax. All answers must be filed in person. No one can bring your answer in for you. No additional days can be given by the court beyond the 7 days to file your answer.
If you are evicted, you will generally have seven days to leave the property.
But if the tenant stays in the property even a day after their lease/rental agreement ends and has not arranged for renewal, landlords can issue a written notice to move. If the tenancy is of the type month-to-month, a 60-Day Notice to Vacate should be issued.
Talk to Your Landlord You may be able to come to an agreement without going to court. An eviction will cost both of you money (as well as time), and your landlord may be willing to stop the eviction if you agree to certain terms, such as paying rent you owe or stopping behavior that violates the lease.