Georgia State Law About Evicting a Tenant in Bankruptcy
- If a Georgia landlord already has secured an order of eviction from the courts, he can proceed with the eviction even if the tenant files for bankruptcy. The general automatic stay against creditors doesn't apply to this proceeding unless state law says a tenant can "cure" eviction by paying rent. However, Georgia's law says that tenants can only do this within seven days of being served with an eviction notice, so in most cases bankruptcy won't stop an eviction.
- The automatic stay does apply to Georgia landlords if the tenant has filed for bankruptcy prior to breaking the terms of the lease. In this scenario, the landlord must ask the bankruptcy court for relief from the automatic stay before she can proceed with the eviction. In most cases, the court will lift the stay, as eviction proceedings won't change the value of the tenant's bankruptcy estate.
- Federal anti-drug laws apply in Georgia. One such law says that a conviction for illegal drug use is grounds for eviction regardless of whether the tenant filed for bankruptcy. Georgia landlords must file a certification with the bankruptcy court stating that the eviction is related to drug use. If the tenant filed for bankruptcy prior to the beginning of the eviction proceeding, the landlord can still evict if the drug use occurred within the past 30 days.
- Georgia law allows a landlord to refuse to accept a late rental payment to cure an eviction if it's the second time the tenant has received such a notice within a 12-month period. Thus, if a tenant is in this situation, the landlord can proceed with the eviction even if the tenant files for bankruptcy prior to getting the eviction notice.