Landlord-Tenant Disputes

Can I change the locks if the tenant doesn't pay?

No, this is illegal in Georgia without a court order and can be considered a violation of the tenant's possession rights, leading to potential legal trouble for you.

How long does it take to evict someone?

Currently, the process requires a court judgment and enforcement, which typically takes between 3 to 12 months depending on the court's load and the tenant's defense tactics.

Do I need a written contract to sue?

A written contract is highly recommended, but an oral agreement is also valid in Georgia (for leases up to 1 year). However, proving the terms of an oral agreement in court is much harder.

Can I keep the deposit for wear and tear?

Normal wear and tear is not a ground for keeping the deposit. You can only deduct money for actual damages (broken items, holes in walls) or unpaid bills/rent.

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Landlord-Tenant Disputes have become particularly relevant in Georgia recently, driven by the growth of the real estate rental market, tourism flows, and migration processes. A lease relationship, which seems simple at first glance, often escalates into serious conflict: the tenant fails to pay rent, refuses to vacate, or damages the property; conversely, the landlord breaches the contract, refuses to return the deposit, or illegally throws the tenant onto the street. It is important to know that regulations regarding "police eviction" have changed in Georgia, and now forceful eviction from real estate is only possible based on a court decision. This change complicates the situation for landlords and requires a professional legal approach. Legal.ge offers lawyers who protect the interests of both owners (landlords) and renters (tenants) and ensure lawful and speedy dispute resolution.

What Do Landlord-Tenant Dispute Services Cover?

The service covers all aspects related to the rental of commercial and residential spaces. Lawyers work on the following issues:

  • Eviction (Recovery of Possession): Filing a lawsuit in court demanding forced eviction of the tenant when they do not leave voluntarily.
  • Recovery of Rent Arrears: Court enforcement of unpaid rent, utility bills, and contractual penalties.
  • Compensation for Damages: Claiming compensation in case of damage to property (furniture, renovations) by the tenant.
  • Deposit Return (for Tenants): Disputing against a landlord who groundlessly retains the security deposit after the contract ends.
  • Lease Termination: Preparing legal grounds for early termination of the contract and sending official notices.
  • Subletting Disputes: Conflicts where the tenant rents the apartment to a third party (e.g., daily rental) without the owner's permission.

Real-World Scenarios Where You Need a Lawyer

For example, you rented out an apartment, the tenant paid for the first month, then stopped paying and won't answer calls. You go to the apartment, but the lock is changed. By law, you do not have the right to enter forcefully or throw out their belongings (this is considered arbitrariness/self-help). A lawyer will help you immediately file a lawsuit and demand eviction. Another example: you rented a commercial space, renovated it, but the owner decided to sell the property and asks you to vacate in 3 days, even though the contract is for 2 years. A lawyer will protect your right to stay until the term expires or receive substantial compensation.

Georgian Legal Framework

Lease relations are regulated by Articles 531-575 (Rent) and 581-606 (Lease) of the "Civil Code of Georgia". The Code protects both parties but sets strict rules for contract termination. Regarding eviction, it is critical that due to amendments in the "Law on Police", the police no longer have the right to evict a person from a dwelling without a court order. Eviction occurs only based on a court decision and a writ of execution enforced by the National Bureau of Enforcement. This process can take months, so drafting the contract correctly and reacting in time is of decisive importance.

The Process Step-by-Step

1. Warning: An official written warning is sent to the tenant regarding payment or vacating the premises (a mandatory step). 2. Termination: If the demand is not met, a lease termination act is drafted. 3. Lawsuit: A lawsuit is filed in court demanding eviction and debt recovery. 4. Judgment: The court makes a decision (often in absentia if the defendant does not appear). 5. Enforcement: The case is transferred to the Enforcement Police for forced vacation of the premises.

Why Choose a Specialist on Legal.ge?

Incorrect actions (e.g., damaging tenant's items or changing locks) can turn your righteousness into a crime. On Legal.ge, you will find lawyers who know legal and effective ways of eviction. They will help you recover your property and money with minimal losses.

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