Tenant does not pay and will not leave: how to evict: what to do under Georgian law

What to do

1. Paid tenancy (not a free stay by a relative): the landlord may terminate the contract early if rent has not been paid for 3 months (Civil Code of Georgia, Art. 558); the landlord may end a housing lease only for a valid reason, including a material culpable breach by the tenant (Civil Code of Georgia, Art. 562).
2. A written warning stating the debt and a deadline for payment, followed by a notice of termination with the vacating date and proof of delivery: for termination due to a breach, an unsuccessful warning or a period to remedy the breach is required first (Civil Code of Georgia, Art. 399); termination of a housing lease must be in writing (Civil Code of Georgia, Art. 563); for ordinary termination, the general notice period is 3 months unless the contract or circumstances indicate otherwise (Civil Code of Georgia, Art. 561); in case of non-payment, specify a reasonable period.
3. Money: the debt plus, for the period the tenant keeps the flat after the lease has ended, rent as damages (Civil Code of Georgia, Art. 567); the deposit is set off against the debt by a statement to the tenant (Civil Code of Georgia, Art. 442); the limitation period for periodic payments is 3 years (Civil Code of Georgia, Art. 129); under a notarised contract containing such a clause, the notary issues an enforcement writ for a money debt without a court (Law of Georgia on Notaries, Art. 38).
4. Lawsuit for eviction and debt: brought at the location of the flat, against all adult occupants; claims up to GEL 5,000 are heard by a magistrate judge (Civil Procedure Code of Georgia, Art. 14). Request immediate enforcement if the contract expressly provides for it (Civil Procedure Code of Georgia, Art. 268); or, on application, treat the decision as one for the recovery of immovable property (Civil Procedure Code of Georgia, Art. 268).
5. Enforcement: the National Bureau of Enforcement evicts the debtor and everyone living with him or her, together with their belongings (Law of Georgia on Enforcement Proceedings, Art. 84); the debtor has 10 calendar days to comply voluntarily, after which enforcement follows (Law of Georgia on Enforcement Proceedings, Art. 84).
6. Until a court decision there is no self-help: changing locks, cutting off electricity or water, and removing belongings are unlawful self-help (Code of Administrative Offences of Georgia, Art. 174); if it causes significant harm, it is a crime (Criminal Code of Georgia, Art. 360).
7. Rules: the landlord's statutory lien over the tenant's belongings in the flat may be enforced only in the lawful manner (Civil Code of Georgia, Art. 568).
8. Where to apply: district (city) court or magistrate court; notary; National Bureau of Enforcement.
9. Evidence: contract, registry extract, bank transfers and receipts, debt calculation by month, warning and notice with proof of delivery, correspondence, a record of who actually lives there.
10. Pitfalls: self-help before a decision — the tenant can counterclaim for restoration of possession; suing only the person who signed the contract when the whole family lives there; not requesting immediate enforcement; delay — older payments become time-barred.

Be sure to check

• grounds for early termination — non-payment for 3 months / material breach; written warning and notice
• ban on self-help (locks, utilities, belongings) — only the court and the National Bureau of Enforcement
• claim for eviction and debt, plus rent for the period the flat is withheld; set-off of the deposit
• immediate enforcement of the decision and the eviction procedure of the Bureau of Enforcement (period for voluntary compliance)
• evidence (contract, debt calculation, notices, proof of delivery)