Your tenant violated the lease
- Document the violation first
- Check what your lease actually says
- Notice type matters more here
- Some violations are treated differently
- Then the standard path
Document the violation first
Dates, photographs, correspondence, complaints from other residents, inspection reports. A violation you can describe but not prove is not a case.
Check what your lease actually says
The violation has to breach a term the lease actually contains. Generic 'community standards' language is weaker than a specific clause.
Notice type matters more here
Many states require a cure-or-quit notice for curable violations — the tenant gets a period to fix it. Filing before that period runs is premature and the case gets dismissed.
Some violations are treated differently
Serious violations may allow a shorter process in some states. This varies enormously and is worth a lawyer's read before you rely on it.
Then the standard path
File, serve, hearing, judgment, writ, setout. Lease-violation cases are contested more often than non-payment cases, so expect the hearing to matter more.
The short version
- Document before you notice — photos, dates, correspondence
- The violation must breach a specific lease term
- Curable violations usually require a cure-or-quit notice first
- These get contested more often than non-payment cases
Tell us where the property is
We handle cases directly in Georgia and can point you in the right direction elsewhere.
Need help with a real case?
Tell us where the property is and where the case stands.
Landlord eviction checklist
The pre-filing checks that prevent most rejections. One page, free.
Common questions
Can I evict a tenant without going to court?
No. Every state requires a court process. Locking a tenant out, shutting off utilities or removing belongings without a court order is illegal self-help and exposes you to damages that often exceed the rent you were owed.
How long does an eviction take?
It depends on your state, your court's calendar and whether the tenant contests. Some stages are fixed by statute and some are logistics you control. Anyone giving you a guaranteed number of days without knowing your county is guessing.
Do I need a lawyer to evict a tenant?
Not always. Uncontested non-payment cases are routine. If the case is contested, involves a counterclaim, or raises habitability or discrimination issues, get a licensed attorney in your state.
What's the difference between a judgment and a writ?
A judgment says you won. A writ of possession is the separate court order that lets law enforcement actually put you back in the property. You have to apply for it — it isn't automatic.
Stop reading, start moving
If the property is in Georgia we can handle it end to end. If it isn't, we'll point you the right way.