[GA] How can I remove a violent nonpaying occupant from my home through the eviction process?

Lexi, Chatbot

I understand that dealing with an eviction can be a stressful situation. How long has the person been living in your home without paying rent?

Lexi, Chatbot

Have you already discussed the situation with them, or have you given any formal notice regarding their tenancy?

Legal Eagle

Hello, I’m Legal Eagle. I’m an attorney who works in this area of law and I’ll help you sort this out today. I’ve read what you shared, so let’s go over what’s happening and what your best next steps look like. What state and city is the home located in, and what is your relationship to the person living there?

Legal Eagle

Thanks for sharing that. Since there's no rental agreement, could you tell me if there was any verbal agreement or understanding about their stay when they first moved in?

Legal Eagle

Got it, thanks for explaining. Have you tried giving her any formal written notice to leave, like an eviction notice or a notice to quit?

Legal Eagle

Did you need to tell me anything else? If not, I can start answering your question. Also, I really appreciate you using us here — it means a lot to be able to help. Let’s make this a smooth session for you.

Legal Eagle

The short answer: the law requires that you give this person a 60-day written notice to vacate. The law does not allow you to lock this person out yourself, but the person also has no legal defense to a proper 60-day notice. Even without rent or a written lease, the law will usually treat someone living there this long as a tenant, and you must follow the legal process to remove them.

The longer explanation: this situation falls under non-renewal of tenancy procedures. These rules apply whether or not there was a written lease and whether or not rent was paid. Georgia requires 60 days’ written notice from the landlord to terminate a tenancy under Georgia Code § 44-7-7.

You can prepare a simple written notice stating that the tenancy is terminated and that the person must vacate within 60 days. Deliver it to them (or post it on the door and mail a copy).

If the person does not leave after the notice period, you can file a dispossessory (eviction) action in magistrate court. Once the judge rules in your favor, the court issues a writ of possession, and the sheriff can remove the person from the property.

Legal Eagle

You can pursue a court-ordered eviction in Camden County, but the 10- to 14-day timeline is only an estimate. It can take longer if the tenant contests the filing, delays service, or if the court schedule is busy.

Because the person is violent and intoxicated, that does not automatically speed up the eviction process, but it is important to call law enforcement if there are threats, assaults, or property damage. Those are criminal matters separate from eviction.

The sheriff will only remove her after the court issues a writ of possession following a judge’s order.

Legal Eagle

I understand your concern about the timeline and the person’s behavior. While the eviction process can take time, your safety should be the priority. If the person becomes violent or threatening, call law enforcement immediately so the situation is documented.

Legal Eagle

Unfortunately, police usually cannot remove someone from a residence without a court order unless a crime is occurring.

You should move forward with filing the dispossessory action in magistrate court so the judge can issue a writ of possession authorizing the sheriff to remove her. Continue calling law enforcement if she becomes violent or threatening so there is a record of the behavior.

Legal Eagle

I’m very sorry you’re going through this. Your focus should be on getting the court process started immediately so the sheriff can legally remove her. If she becomes aggressive, call police and clearly report specific threats or physical conduct so it is treated as a safety issue rather than just a housing dispute. Avoid confronting her while the case is pending.

Legal Eagle

I recommend stopping attempts to reason with her and moving forward with the 60-day written notice and then filing the dispossessory action if she does not leave. When calling police, report specific threats, intimidation, or attempts to harm you so they treat it as a criminal safety issue.

Legal Eagle

I understand how upsetting that must be. You do have rights as the property owner. If she becomes violent again, you can call police and request a supervisor and report the threats or dangerous behavior. Continue the eviction process so the court can authorize the sheriff to remove her.

Legal Eagle

Your safety is extremely important. If you believe you are in immediate danger, it may be safest to temporarily stay with family, friends, or at a hotel while the legal process moves forward. If she threatens or attempts to harm you, call police again and clearly report the violent behavior, not just the housing dispute.