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

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


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.

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