After an automatic stay is lifted, how do I proceed with an eviction?

Asked on June 27, 2012 under Real Estate Law, Georgia

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Once an automatic stay is lifted concerning a tenant's bankruptcy the landlord proceeds with the eviction of the tenant if that is the landlord's desire as follows:

1. serve a 30 day notice of termination;

2. if the tenant is not out after the expiration of the 30 day time period, retain a landlord tenant attorney to file and serve an unlawful detainer action on the tenant and proceed through the court system.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.