A common question from Landlords...

Can't I just change the locks if the renter has not paid?

ANSWER:

No, absolutely not! Unfortunately the law does not allow you to take such actions, and you could be liable to the tenant for damages, or unable to collect the past due rent if you illegally evict the tenant. While it is time consuming to go through the legal process, the Georgia legislature has made the process somewhat quick by requiring shorter deadlines in eviction cases. Once a tenant is served with an action for eviction they only have 7 days to answer instead of 30 days like most court actions. Further, the legislature states that the Courts are to expedite the hearing after the tenant files an answer, and most Courts set the hearing within approximately 7 days after the tenant files an answer. Ulitmately the court will issue a "Writ" of possession. This is an order to the Sheriff or Marshall in the County to go to the premises and physicaly remove the tenant. The Sheriff will go to the residence and supervise, but will not actually remove any property, for this you need to hire an eviction company. The eviction company will provide a crew of at least 2 strong men per room of the house and will, under the Sheriff's supervision, remove all of the tenant's property from the premises. The actual time of the eviction usually is less than one hour. It is only after the Sheriff has "dispossessed" the tenant that you are legally permitted to change the locks. In Georgia, for most cases you can expect to have the tenant out of the premises within approximately 30 days. While this may seem like a long time, it can take months in other states.