The first step is a demand for possession. You should have your attorney send a letter demanding possession of the premises from the tenant within a reasonable period of time. If the tenant fails to respond to the letter and/or otherwise remains at the premises, a dispossessory action must be filed.

The second step is to file the dispossessory action and pay the fee: $70.00 in Columbia County and $72.00 in Richmond County. (There is also an additional fee of $25.00 for the actual writ of possession. Richmond County makes you pay this in advance, whereas Columbia County only makes you pay it if you are granted the writ). The tenant will have seven days to answer the dispossessory. If the tenant provides any answer whatsoever, the case will be set for a trial.

The third step is trial. At trial, your attorney will make your case for why the tenant should be evicted. Trials usually take place 1-2 weeks after the answer, but can be continued out several weeks if the tenant gets a lawyer at the last minute.

Assuming you win your trial and are granted the writ of possession, the fourth and final step in the process is eviction. The marshall’s office will be forwarded your writ of possession, and will typically take two days to evict the tenant.

Disclaimer: The law is constantly changing and there may be times when the information on this web site will not be current. This information is provided for general informational purposes only and is not intended as legal advice. This information is not a comprehensive treatment of the subject and is not a substitute for advice from an attorney.