Property Management Blog

Eviction Process Dekalb County

System - Wednesday, August 8, 2018
Property Management Blog

Has your tenant in your Lithonia rental property stopped paying rent? It may be time to begin the eviction process. Here are the steps to file an eviction for your Lithonia rental property.

Steps in the Eviction Process for Non-Payment of Rent in Dekalb County

A complete eviction process takes approximately 60 to 90 days from start to finish, depending on the circumstances.

  1. Send a standard three-day notice and demand for possession to the tenant.

  2. It is common for demand letters to give the tenant three days to either pay the past due rent or vacate the property and return possession to management.

  3. Wait until the time specified in the demand letter before filing a dispossessory warrant.

  4. Please go to the DeKalb County Courthouse for your Lithonia rental property and proceed to the Clerks' Office, Room 200 to obtain the dispossessory warrant form. You will need to bring the tenant's name(s), address, and the reason for eviction. In addition, if you are making a demand for money, the exact amounts must be listed. You need to have the defendant's complete name and address and the property needs to be clearly marked. You do not need to produce a written lease or other agreement in order to file a dispossessory warrant.

    Note: It costs $54.00 to file a dispossessory warrant. The Marshal will serve the warrant for a fee of $35.00 for each named defendant. If there are unnamed defendants on the warrant, those persons will be treated as a single defendant, e.g. John Brown and All Others would cost $70.00 for service and the filing fee would be $54.00.

  5. Verify whether the tenant filed an answer with the court. Either check with the court online or the dispossessory filing service. The tenant’s answer is due within 7 days of the date of service.

  6. Procedure when no answer was filed, application for writ. 

  7. If tenant answered, then there will be a trial date. Be ready to appear in court on the date of the trial. Be sure to bring documentation with you to court, such as, tenant ledger, lease, and payment history.

  8. Court date. If the tenant fails to appear usually the writ of possession is granted.

  9. Apply for the writ after the trial for your Lithonia rental property. DO NOT ACCEPT RENT PAYMENT if you intend on evicting the tenant. If any amount of rent is received and not returned to the tenant, it will stop the eviction and you have to begin all over.

  10. You can schedule the eviction with the Marshall’s service.

  11. Written notice to the tenant of impending eviction is not required but is a good idea.

If all of this seems a little overwhelming Ritan Property Group has been managing rental property in the Lithonia area for almost 18 years. We have a great deal of experience with the process, but we can also help you if your Lithonia rental property has a problem tenant.