Eviction proceedings represent a category of legal services designed for property owners who wish to remove an unlawful possessor (e.g., a defaulting tenant) from their premises. Since "police eviction" has been abolished in Georgia, a landlord can no longer remove a tenant based simply on a police report. The only legal way is to apply to the court. This process is often complex and time-consuming, so the owner needs a qualified lawyer who can effectively manage the process, correctly draft the lawsuit, and subsequently interact with the Enforcement Bureau.
What Does Eviction Proceedings Service Cover?
Specialists on the Legal.ge platform offer owners full legal support, which includes:
- Pre-trial Negotiation: Preparing and sending an official warning letter, which is often a necessary prerequisite for filing a lawsuit in court.
- Lawsuit Preparation: Drafting a claim demanding the recovery of the item from illegal possession and eviction, as well as compensation for damages (lost income).
- Interim Measures: Filing a motion to prohibit the defendant from damaging the property or transferring it to third parties until the dispute is resolved.
- Court Representation: Protecting the owner's interests in all court instances.
- Enforcement Proceedings: After obtaining a court decision, obtaining a writ of execution and actively cooperating with the National Bureau of Enforcement to organize physical eviction.
Common Real-World Scenarios
Owners resort to eviction proceedings in the following cases:
- Non-payment of Rent: The tenant systematically violates the payment schedule, has accumulated large debts, and refuses to vacate the apartment.
- Expiration of Term: The lease term has expired and has not been renewed, but the tenant continues to use the premises.
- Illegal Occupation: A stranger (Squatter) has intruded into the real estate, and the owner cannot remove them without using force (which is a violation of law).
- Property Acquired at Auction: A person purchased an apartment at an auction (e.g., sold by a bank), but the former owner refuses to vacate the premises.
- Family Disputes: After divorce or inheritance, a former family member who no longer has the right to reside refuses to leave the house.
Georgian Legal Framework
The legal basis for eviction is the Civil Code of Georgia (Article 172 - Recovery of an item from illegal possession). The procedural part is regulated by the Civil Procedure Code of Georgia. After obtaining a court decision, the Law of Georgia on Enforcement Proceedings plays a decisive role. This law details how forced eviction should take place: warning the debtor, a period for voluntary compliance, and finally, forced eviction with the help of the police. Owners must take into account that arbitrary eviction is prohibited and may lead to criminal liability.
Step-by-Step Service Process
With the help of a qualified lawyer, the eviction process involves:
- Documentation Audit: Checking the property ownership certificate and agreement.
- Written Demand: Sending an official notice to the tenant demanding termination of the contract and vacation of the premises.
- Court Dispute: Filing a lawsuit and participating in proceedings until a decision is reached.
- Initiation of Enforcement: Submitting the writ of execution to the Bureau.
- Physical Eviction: Visiting the site with the enforcement police and clearing the premises.
Why Choose Legal.ge?
Reclaiming your property can be a long and stressful process if you do not know the correct legal paths. Legal.ge gives you access to lawyers with practical experience in eviction cases. They know how to accelerate the process within the legal framework, how to claim compensation for lost rent, and how to ensure effective enforcement. Protect your property rights with the help of professionals on Legal.ge.
Updated: ...