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Updated almost 3 years ago on . Most recent reply

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21
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1
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Dara Abasute
  • Austell, GA
1
Votes |
21
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Eviction process in Fulton Co., GA [POST-COVID]

Dara Abasute
  • Austell, GA
Posted

I've searched the Georgia Landlord Tenant Handbook and have even hired "professionals" -- Evict Them For Me -- to handle my eviction case for a self-managed property in Fulton County. But I'm yet to find the answer to my specific situation..


The timing couldn't have been more..off, with just a few weeks til the lease expires that the eviction process was started. Prior to the notice to vacate being served, the tenant mentioned, in writing, that he would vacate the property on the date the lease ends. I now have reason to believe he has no plan or intention of vacating by this date since he denied meeting for a move out inspection (including handing over keys) when given 24+ hr notice. I'm aware of the illegality of "self-help" evictions such as changing locks, HOWEVER, if on the day the lease ends, I arrange to have the locks changed, is this still considered an illegal act?? If I show up on the date of the scheduled move-out inspection (with or without movers), can I be sued by the tenant who allegedly intends to stay beyond his lease? 

TIA for all relevant/helpful answers and resources.

Most Popular Reply

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9
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1
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Shahin Beyk
  • Investor
  • San Diego, CA
1
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9
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Shahin Beyk
  • Investor
  • San Diego, CA
Replied

I went through a similar situation last month. First, don't use Evict Them For Me. It's a long story, but they have no idea how this is done. I used them because I am out of state; they filed the wrong form, entered the wrong dates and unpaid rents, and terminated the lease without my consent. It was a mess. Thankfully, I educated myself about the process and was able to catch the errors before they became detrimental. They forced me to use their "attorney" for the hearing, but I refused. I attended the court hearing myself and I am glad I did that and I was able to convince the judge about the errors that company made. 

About changing the locks, you can't legally do that while they "are still there". Unfortunately, you'd have to go through the eviction process or convince them to leave the property voluntarily. Don't forget to have your communications in writing specially if they'd pretend they moved out, but a few items were left behind. You don't want them to claim you changed locks while they were trying to get their items. Good luck! 

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