Eviction defense is a critically important legal service aimed at protecting the rights of individuals facing the threat of illegal or unjustified eviction from real estate. Legislative changes in Georgia in recent years have significantly altered eviction procedures; specifically, the police no longer have the authority to evict a person from a residential property without a court order (the abolition of so-called "police eviction"). Despite this, there are frequent cases where landlords resort to illegal methods, such as cutting off utilities, changing locks, or using threats. In this situation, the involvement of a qualified lawyer is vital for the tenant or possessor to protect their legitimate interests and not find themselves on the street in violation of the law.
What Does Eviction Defense Service Cover?
Specialists at Legal.ge offer comprehensive protection during the eviction process, which includes:
- Legal Consultation: Detailed explanation of your rights and analysis of the situation in light of current legislation.
- Prevention of Illegal Actions: Immediate legal response to illegal actions by the landlord (changing locks, throwing out belongings) and calling the police to document the incident.
- Court Representation: Filing a lawsuit to restore possession or preparing a defense against an eviction claim.
- Negotiations: Communicating with the landlord to resolve the dispute peacefully and obtain a reasonable extension of time.
- Protection at Enforcement Stage: If the case reaches the Enforcement Bureau, monitoring the legality of the process and using legal mechanisms for postponement.
Common Real-World Scenarios
Eviction defense is often needed in the following situations:
- Breach of Lease Agreement: The landlord demands immediate eviction due to late rent, even though the contract provides for a notice period.
- Illegal Intrusion: The landlord, without a court order, arbitrarily enters the apartment and tries to remove the tenant's belongings.
- Property Disputes: Within family disputes or inheritance cases, one party tries to evict the other from the residential house.
- Mortgage Disputes: A private lender or bank demands eviction, but procedures are violated, or there is a possibility of restructuring the agreement.
- Utility Blockade: The landlord cuts off water, electricity, or gas to force the resident to leave the premises (which is a violation of the law).
Georgian Legal Framework
Eviction issues are regulated by the Civil Code of Georgia and the Civil Procedure Code of Georgia. It is fundamentally important that under Georgian legislation, possession is protected. A possessor (e.g., a tenant) cannot be evicted without a court decision, with very few exceptions. The Criminal Code of Georgia also protects individuals from arbitrariness — an attempt by a landlord to evict using force can be qualified as a crime (arbitrariness or violation of the inviolability of the home). At the enforcement stage, the Law on Enforcement Proceedings applies, which establishes strict regulations for eviction.
Step-by-Step Service Process
Legal.ge specialists manage the eviction defense process through the following steps:
- Situation Assessment: Analysis of documents (lease agreement, payment receipts).
- Strategy Development: Deciding whether negotiation, police intervention, or filing a lawsuit is necessary.
- Legal Response: Sending a warning letter to the landlord or preparing a claim/defense.
- Representation in Court: Protecting the client's interests during court hearings and filing motions.
- Enforcement Control: Monitoring the legality of enforcement procedures after a court decision.
Why Choose Legal.ge?
The threat of eviction is one of the most stressful situations. Legal.ge allows you to quickly find a lawyer specialized in civil disputes and real estate law. Our specialists are familiar with court practice following the abolition of "police eviction" and know how to use the power of the law to protect your rights. Do not face threats and illegality alone — find a defender on Legal.ge.
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