Rules for eviction from premises in Georgia
Can a conscientious or unscrupulous tenant be evicted, who can do it and in what order, should you contact the police and what to expect from such a request, how to protect your rights and resolve the issue in a civilized manner - read in the note.
January 30, 2024
Can a conscientious or unscrupulous tenant be evicted, who can do it and in what order, should you contact the police and what to expect from such a request, how to protect your rights and resolve the issue in a civilized manner - read in the note.
Main rules:
- 1Only the owner has the right to demand eviction
- The owner, if his property is occupied without a contract, including if the contract has expired or been terminated
- The landlord (if he is the owner) - if he has a valid contract for the premises
- 2In what cases:
- The lease term has expired and the tenant does not vacate the premises. Even if he pays, the owner has the right to demand the premises to be vacated.
- The lease agreement is terminated prematurely in accordance with the terms of the agreement, for example: the tenant does not pay, violates the requirements for the intended use of the premises.
Answers to Possible Questions:
- Will the police help if I report the issue?
— No. The only lawful way of eviction is through a court decision enforced by court bailiffs.
2. What if I am the owner, but my apartment has been turned into an illegal activity venue?
— Even in such cases, the police can hold the "invaders" accountable for disturbing public order, hooliganism, or other violations of administrative legislation, but they do not have the right to evict them
3. How long does it take to obtain a court decision?
— The average time for a case to be heard in the first instance is between 6 to 12 months. If the decision is appealed, the appeal and cassation proceedings usually take 6 months each. After the decision comes into force, the enforcement process begins. Therefore, the entire process can take an average of 1 to 2 years.
4. Will there be any legal costs? Can I recover them? What about attorney fees?
— The expenses in this case include:
- Court fees for filing a lawsuit - 60 lari
- Appeal fees, if necessary - 150 lari per appeal for individuals
- Cassation fees - 300 lari per appeal for individuals
- Enforcement proceedings costs, not less than 1% of the value of the real estate object
- Postal services for sending a copy of the lawsuit, depending on the region
— If the court decision is in your favor, the court will obligate the defendant to reimburse these expenses.
There may also be costs for translator and notary services, as well as for a court bailiff if it is necessary to document evidence. These costs are non-reimbursable.
Attorney fees may be reimbursed up to 4% of the claim amount, at the discretion of the judge.
There may also be costs for translator and notary services, as well as for a court bailiff if it is necessary to document evidence. These costs are non-reimbursable.
Attorney fees may be reimbursed up to 4% of the claim amount, at the discretion of the judge.
5. What else can the owner demand from the "intruder"?
— Compensation for damages in the form of lost rent or the amount of rent that the owner himself paid while being forced to live in a rented apartment.
Please note that for these claims, a separate fee will be paid (in the first instance) in the amount of 3% of the amount claimed, with a maximum of 3,000 lari, if the defendant is an individual.
Please note that for these claims, a separate fee will be paid (in the first instance) in the amount of 3% of the amount claimed, with a maximum of 3,000 lari, if the defendant is an individual.
6. Are there any categories of people who cannot be evicted even if there are grounds for it? Or is the eviction procedure made as difficult as possible for them?
— There are separate categories of people whose eviction can be complicated::
- Minors
- Individuals registered with a social agency: low-income individuals, disabled individuals, large families
- Those who do not have alternative housing
- Those who do not have a source of income
7. Does it matter if the owner or the "intruder" has Georgian citizenship or a residence permit?
— Everyone is equal
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MARIA GUSEINOVA
Leading Manager of Commercial Department
Leading Manager of Commercial Department