Clayton County, GA / Evictions are a Nightmare!

[Scott Forbes]

This is an update on the eviction process in Clayton County, GA:

Evictions in Clayton County, GA remain a nightmare for landlords. Clayton County Magistrate court judges are in no hurry to enforce the laws on the books. Instead, they continue to string out the eviction process as long as possible to allow deadbeat tenants to live rent free as long as possible on the backs of struggling landlords. Fox 5 news reported on this in September 2022:

https://www.fox5atlanta.com/news/court-backlog-prevents-clayton-county-landlords-from-evicting-tenants

My tenants ceased paying rent in August 2022. My property manager immediately began the eviction process using a highly reputable eviction service. The complaint was filed with the Clayton County Magistrate court in early September 2022. Finally after several months of waiting, we received a court date of February 15, 2023. Yes six months later! We went to court and were successful in winning our case. We received the Judgment against the tenants who continue to live rent free in the property. We filed for the Writ of Possession soon as it became available. In every other county in Georgia, the judge signs the Writ and the tenants are usually set out within 10 days. Not in Clayton County! It takes another 3-6 months. Our Clayton County Magistrate judge gave us a Set Out in September 2023. This gives the tenants another (4) months of rent free living while they continue to destroy the property and there is nothing we can do except wait. So, in September (yes 1 year later), the Marshall will oversee the locks being changed and direct (8) people to Set Out the tenants belongings into the front yard. Only then are we able to retake legal possession of the property. Property investors should think twice before investing in rental property in Clayton County. Beware, you have been warned!

[Jason Allen]

Quote from @Avery Moore:

Quote from @Scott Forbes:

This is an update on the eviction process in Clayton County, GA:

Evictions in Clayton County, GA remain a nightmare for landlords. Clayton County Magistrate court judges are in no hurry to enforce the laws on the books. Instead, they continue to string out the eviction process as long as possible to allow deadbeat tenants to live rent free as long as possible on the backs of struggling landlords. Fox 5 news reported on this in September 2022:

https://www.fox5atlanta.com/news/court-backlog-prevents-clayton-county-landlords-from-evicting-tenants

My tenants ceased paying rent in August 2022. My property manager immediately began the eviction process using a highly reputable eviction service. The complaint was filed with the Clayton County Magistrate court in early September 2022. Finally after several months of waiting, we received a court date of February 15, 2023. Yes six months later! We went to court and were successful in winning our case. We received the Judgment against the tenants who continue to live rent free in the property. We filed for the Writ of Possession soon as it became available. In every other county in Georgia, the judge signs the Writ and the tenants are usually set out within 10 days. Not in Clayton County! It takes another 3-6 months. Our Clayton County Magistrate judge gave us a Set Out in September 2023. This gives the tenants another (4) months of rent free living while they continue to destroy the property and there is nothing we can do except wait. So, in September (yes 1 year later), the Marshall will oversee the locks being changed and direct (8) people to Set Out the tenants belongings into the front yard. Only then are we able to retake legal possession of the property. Property investors should think twice before investing in rental property in Clayton County. Beware, you have been warned!

 Clayton County is so horrible when it comes to evictions. I have a property in Clayton County, my tenant was also living rent free due to bankruptcy. From June until November I haven't received one payment, my court date was set on the Monday of Thanksgiving which the clerk couldn't give issue the court order document because she was swarmed with all the cases that week, the following week I received the court order and the writ. The judge also gave me a date of next year to execute the writ of possession. Clayton County needs to get this in order but I believe its being done on purpose.

Every time there is a judicial hold-up ( and I mean that in both senses of the word) like this, it is intentional. Then people wonder why investors don't want to invest in these places and the housing stock turns to garbage...