In Georgia, a tenant can be evicted from a property for nonpayment of rent, refusal to vacate a property after the end of the lease period or for breaching the lease agreement between him and the landlord. Before a consent judgment for eviction is given by a Georgia court, the landlord must have made a demand to the tenant to vacate the premises. If the tenant fails to vacate the property he is summoned to court to face dispossession proceedings. If found to be in breach of the landlord tenant laws of Georgia, a consent of eviction is issued against the tenant.
Tenant at sufferance
Once a property is foreclosed, the tenancy status of the person occupying the house changes from tenant at will (a tenant who has the permission of the owner to remain on his property) to that of tenant at sufferance. This means that the tenant no longer has the owner's permission to occupy the property. Tenancy at sufferance is the lowest type of tenancy because the tenant can be evicted at any time from the property, provided the lender has served him with a notice of eviction or intention to repossess the property.
Writ of Possession
When a consent judgment for eviction is passed, the judge issues a writ of possession. A writ of possession is a legal document authorizing the local sheriff or a judicial officer to evict a tenant from a foreclosed property. According to the law firm Johnson Freedman in Atlanta, Georgia, "The writ of possession is issued authorizing the sheriff or other judicial officer to carry out the dispossessory. It generally takes about a week (sometimes two weeks) after a writ of possession is actually issued before the sheriff can schedule the eviction. On the date of the scheduled eviction, the lender usually provides a crew to remove the occupant's personal belongings. At this time the lender should secure the property." It is important to note that under Georgia landlord tenant law, self-help evictions are illegal and a tenant can sue you if eviction is conducted by the lender.
Effect on Lease Holders
A person living on a foreclosed property might have leased it from its true owner. Such a lessee might be unaware of the foreclosure judgment on the property and only learns about it when served with an eviction notice. The lease holder is not protected by law even if he has made payments for the lease to the lessor. The lessees tenancy changes to that of tenant at sufferance and if he does not leave the property willingly, he will be forcibly evicted by the sheriff or other judicial officer assigned to perform the eviction.
Removal of Property and Eviction Costs
Georgia landlord tenant law states that a landlord having a writ of possession can evict a tenant and other people occupying the property with the permission of the tenant from his property. It also states that the tenants property should be placed on a portion of the landlord's property or on the sidewalk or street. It is important to note that the landlord does not owe the tenant a duty of care to protect his property upon eviction. After a writ of possession has been executed, the tenant's property is deemed abandoned. The costs of eviction are met by the landlord. The landlord is also at liberty either to use the eviction service provided by the sheriff or to hire a private service to assist the sheriff in the eviction.
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