Introduction
Over the past couple of years, the United States has seen a significant increase in the manufactured housing market. According to a report by Construction Coverage, since 2008, there has been a slow but steady increase in the demand for manufactured homes. Georgia is ranked fifth nationally in manufactured home increase.
The term, manufactured homes, refers to homes that are built in factories and then transported to their final placement site; the most common type being mobile homes. Manufactured homes are much more affordable than those built on-site, causing the biggest reason behind the increase in demand to be the lower cost.
Georgia has a higher percentage of manufactured homes than the national average according to the US Census Bureau’s Manufactured Housing Survey, reaching 8.8% compared to the national 7.5%. While there is a major upside to owning a manufactured home, there is also a downfall. One of the most common issues mobile house dwellers are facing is eviction.
The main reason behind the eviction of mobile homeowners is back lot rent. Mobile lot owners are eager to evict mobile homeowners because they stand to gain a lot. If a mobile homeowner doesn’t pay rent, the lot owner or landlord can evict them, even if the amount owed in back lot rent is minimal. Due to this, many landlords are increasing the rent, disabling many mobile homeowners from being able to pay their rent. Moving a mobile home costs a lot of money, so the landlords know that the home is more likely to be abandoned than to move to a different lot. The landlord can then resell or rent out the abandoned home.
However, while this may sound easy, some rules and procedures are required by Georgia law to evict a tenant legally. In Georgia, the process may vary depending on the type of eviction. The process can take anywhere from one to three months, possibly longer if the tenant files an answer or an appeal. This has not stopped Georgia from having some of the highest eviction filing rates.
The Most Common Reasons to Get Evicted in Georgia
Landlords in Georgia can begin the eviction process for several reasons, but there must be probable cause for them to be able to evict someone legally.
Failure to Pay Rent
The most common reason for eviction is failure to pay rent at all or on time. The eviction process can begin if rent is not paid on time or within the grace period that is clearly stated in the rental agreement. Landlords must first issue a verbal or written notice to pay the rent. Once notice is given, landlords in Georgia can proceed with evictions in their own time, unlike many other states, which specify a certain number of days that must be given to the tenant after notice and before proceeding.
Lease/Rental Agreement Violation
Rental agreements can vary from tenant to tenant but must be upheld by both the tenant and the landlord. If a violation has occurred, the landlord can begin the eviction process after they have given written or verbal notice of the violation. The landlord is not required to allow time for the tenant to correct the violation. Lease violations can be many things, including damaging property, engaging in criminal or illegal activity, violence, assault, or theft, and keeping a pet on the pet-free property.
End of Lease or Lack of Lease Renewal
If there is no probable cause, the landlord cannot legally evict a tenant for the entire lease period. However, if the tenant does not vacate the premises once the lease has ended and has not arranged a lease renewal, the landlord can issue a notice to vacate.
How Does the Eviction Process Work in Georgia?
The eviction process in Georgia is fairly similar to that of most other states, and it begins with a written or verbal notice and ends with a judgment being issued. While the process can be straightforward, it depends on the rental agreement between the tenant and landlord and the availability of the court. When repossessing mobile homes and lots, it’s important to note that even if the landlord doesn’t own the mobile home and just the land, the eviction process can still be used to regain possession of the land. The general process of eviction in the state of Georgia is as follows:
Give Written or Verbal Notice
Whether the landlord is evicting the tenant due to rent payments or another reason, the landlord must give the tenant notice of eviction. While some law requires the notice to be written, Georgia state law allows landlords to give verbal notice.
Eviction notices must contain:
· date eviction notice was given to the tenant
· full name and address of the tenant and unit in question
· reason for eviction
· amount of overdue rent in the case eviction is due to back rent
· set period the tenant has to pay or respond before the landlord will proceed with the eviction process
· statement that explains how the tenant was notified of the eviction by the landlord.
Georgia law does not require any set period of time between notice of eviction and proceeding with the process. Landlords may give the tenant anywhere between 24 hours and 10 days to comply. If the landlord wishes to evict the tenant without cause, the landlord is legally required to wait until the lease term has expired.
File a Complaint
The next step in the process is to file a dispossessory affidavit, also known as a dispossessory warrant, which can be obtained from a judge. Once the affidavit is filled out, the judge issues a summons. The sheriff or process server must serve the summons to the tenant. No specified period of time is required for the landlord to serve the tenant, but it typically occurs within 60 days. It may also be mailed or attached to the tenant’s rental unit, but the summons must be answered within seven days. The court will then schedule a hearing within 10 days if the tenant responds to the summons within the seven days during which the tenant will be able to plead their case. However, depending on availability, the hearing can take months to be scheduled.
Response to the Summons
If the tenant does not respond to the summons, the landlord wins by default and may ask for a Writ of Possession. This is essentially the final notice for the tenant to vacate the unit. Once a Writ of Possession is issued, the tenant is allowed only 24 hours to gather all their belongings and vacate the premises. If the landlord does not win by default, if there was no response to the summons, the landlord can appeal within seven days of the judgment.
If the tenant does reply to the summons, a hearing is scheduled. During the hearing, the landlord and the tenant pay to present any evidence to defend their case. This can include lease agreements, payment records, messages, security footage, and anything else that could aid the case. If the landlord wins the case, the tenant has ten days to move out of the property. If the judge rules in favor of the tenant, they may continue to live on the property. However, the landlord can appeal.
The Eviction
If the judge ruled in favor of the landlord, the tenant must vacate the property within ten days. If the tenant does not vacate, the sheriff may be forcibly removed. The landlord is then responsible for disposing of any personal property on the premises.
What Makes a Mobile Home Eviction in Georgia so Unique?
Georgia’s mobile home eviction process is unique because there aren’t too many rules for evicting the tenant when they’re problematic. As long as the landlord follows the eviction process legally, it’s fairly painless. However, there are eviction process exceptions in Georgia, which make it even more unique.
One exception to eviction is when the tenant refuses to pay rent due to the landlord not making repairs necessary for the tenant to live properly in the unit. The judge might rule in the tenant’s favor if the landlord avoided making repairs.
An additional exception includes if the tenant has filed for bankruptcy. Bankruptcy is considered a federal action, reaching beyond Georgia’s jurisdiction. In this case, the bankruptcy trustee must authorize the eviction process for it to continue.
Conclusion
Facing an eviction can be stressful and disheartening; research is the best thing to do. The state of Georgia has a published handbook, the Georgia Landlord-Tenant Handbook, which can answer any questions you may have about the eviction process. You can also seek the assistance of an attorney to help protect your legal interests. Several resources help you if you cannot afford an attorney, including Georgia Legal Aid.
There typically isn’t much trouble with the process when a tenant is evicted from a property in Georgia. If you’re a tenant at risk of being evicted or need help with how to evict a mobile home from your land in Georgia, Banyan Home Removal can provide the services you need. Our team may even be able to help avoid the eviction process, removing mobile homes from the property before having to get the legal system involved or donating to allow a 3rd party nonprofit to perform the heavy lifting and be an intermediary. Contact us today to learn more.