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The landlord or agent has to file a Dispossessory Proceeding Against Tenant Holding Over in the Fulton County Clerk's Office. The Fulton County Clerk's Office is located at 136 Pryor Street SW, Atlanta Georgia 30303. Note: The address on the dispossessory must be the address that is to be evicted.
Filing fees for Fulton County Magistrate Court increased on September 1, 2016 pursuant to O.C.G.A. 15-10-80 and O.C.G.A. 36-15-9....Dispossessory Action. Type of Dispossessory ActionFeeWrit of Possessions/Eviction$75.00Proceeding Against Tenant Holding Over (Dispossessory Action)$60.002 more rows
If you have no lease agreement, and just pay your rent every month, you are considered a tenant-at-will. Under Georgia law, the landlord is required to give you a notice of at least 60 days before requiring you to move out. After that, you can be evicted.
Narrator: In Georgia, the judge usually gives the tenant seven days to move. After the seventh day, the judge can sign a writ of possession, which gives the landlord permission to have the sheriff come and supervise the eviction.
The Writ of Possession says that the landlord is legally entitled to possession of the property. It gives the tenant 7 days to move out of the property, or else the sheriff will come over and physically remove them. During this 7 day period, the tenant can file an appeal from the trial court to a higher court.
1. After the landlord wins the case. Provided that the tenant does not appeal for reconsideration, a Writ of Possession is issued no less than 7 days after the landlord wins the case. The Writ of Possession gives the tenant at least 7 days to vacate the property.
Evicting a tenant in Georgia can take around one to three months, depending on the type of eviction and whether tenants file an answer. If an appeal is filed, the process will take longer.
FULTON COUNTY, Ga. - Evictions are now being enforced in almost all counties throughout metro Atlanta since the US Supreme Court struck down the CDC's eviction moratorium.
The writ of possession authorizes the sheriff to remove the tenant and the tenant's personal property from the premises. The court enters a final judgment of possession and issues a writ of possession when: A default judgment is entered against the tenant for failure to answer the summons within the seven-day deadline.