Georgia Complaint for Forcible Entry and Detainer - Defendant Refuses to Surrender Premises on Demand

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Multi-State
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US-03314BG
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Unlawful entry is illegal entry upon lands or structures without force but by means of fraud or other willful wrong. It is closely related to housebreaking. But unlike housebreaking, the intent to commit an offense within the place entered is not needed for this offense. The basis of proof for this offense is that the entry was unlawful and that the conduct of the accused was contrary to good order and discipline.


Unlawful detention means keeping in custody unlawfully. Under criminal law it means keeping or confining a person in custody without any lawful reason. In civil law it is keeping in custody real property to which one is not entitled. A person is guilty of unlawful detention of real property when entry is made wrongfully without any right or title into any vacant or unoccupied lands tenements or other possessions.

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FAQ

? If the landlord wins the unlawful detainer lawsuit, the court will issue a writ of possession authorizing the removal of the tenant from the rental property by law enforcement.

Take this writ of possession (once you have it) to the Sheriff or Marshall to schedule the eviction. If the tenant fails to appear for the hearing, the judge may simply issue a writ to you right on the spot, instanter, rather than making you go back to the clerk's office.

A Writ of Possession is granted seven days after the judgment evicting your tenant ? unless ? the tenant appeals the decision within the seven day period. That Writ of Possession means the Sheriff has a court order to remove the people, pets, and things in the home and put them out of the house.

Georgia housing discrimination laws Georgia landlords must adhere to the Federal Fair Housing Act and cannot discriminate against tenants based on protected characteristics such as race, color, national origin, religion, sex, familial status (presence of children under 18 or pregnant women), and disability/handicap.

Appeals must be filed within 30 calendar days after the judgment, if the case was decided by an associate or senior judge. If the case was instead decided by a magistrate judge, there is a shorter, 14-day time period during which you can file a motion for review of the magistrate judge's decision.

Georgia 3-Day Demand for Possession: This Demand is used with occupants that have not paid rent. It must be filed before initiating eviction proceedings. Georgia 3-Day Notice to Quit: This Notice is for Lease violations for reasons other than nonpayment of rent. This must be used before starting eviction proceedings.

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.

A: If the writ of possession has already issued, the only way to delay it is to appeal the judgment of the magistrate court. If the writ of possession has not issued, show up to your eviction hearing and request additional time from the landlord.

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Georgia Complaint for Forcible Entry and Detainer - Defendant Refuses to Surrender Premises on Demand