Cobb County Eviction Process: Dispossessory, Hearing, and Writ

The Cobb County eviction process follows Georgia’s dispossessory statute and usually runs three to six weeks from the first written notice to a sheriff’s removal. A landlord files in either the Cobb County Magistrate Court or the State Court, the tenant gets served and has seven days to answer, and a judge decides the case before any writ of possession can issue. Skipping steps or trying to remove a tenant without a court order is not an option under Georgia law.

Grounds a Landlord Can File On

Georgia recognizes three reasons for a dispossessory action. Nonpayment of rent is the most common, and it covers late fees, utilities, and other charges the lease makes the tenant responsible for.¹ Holding over, meaning the tenant stayed past the end of the lease term, is the second. The third is breach of the lease, but only when the lease itself says the violation gives the landlord the right to terminate. A landlord who tries to evict over a rule the lease doesn’t tie to termination will usually lose.

The Demand for Possession

Nothing can be filed with the court until the landlord has delivered a formal demand for possession. For nonpayment, Georgia requires a written notice to vacate or pay that gives the tenant three business days to pay in full or move out. Only after those three business days pass without payment or surrender can the landlord file the dispossessory affidavit.¹ The clock starts on delivery, not on the date the landlord drafted the letter.

For holdover tenants and lease violations, the landlord must still demand possession, but no particular waiting period is spelled out beyond the demand itself. Once the tenant refuses or fails to leave, the case can be filed.

Delivery matters too. The demand must be posted in a sealed envelope on the door of the rental, and the landlord can use any additional delivery method the lease specifies.¹ A dated photograph of the posted notice and a certified mail copy sent the same day are smart insurance against a dispute at the hearing.

Filing the Dispossessory in Cobb

A dispossessory can be filed in either the Cobb County Magistrate Court or the State Court. Most landlords use Magistrate Court because it is cheaper and faster. Magistrate filing costs $60.50 plus $25.00 per defendant for sheriff service, so a single-defendant case runs $85.50.² The same case in State Court costs $202.00 plus $25.00 per defendant, totaling $227.00 for one tenant.³

The affidavit must identify every adult tenant on the lease by full name, state the property address, specify the grounds, and confirm that a demand for possession was made and refused. For nonpayment, the landlord lists the exact past-due rent plus any late fees or other charges the lease authorizes.⁴ This is signed under oath, so inflated numbers or invented violations create real exposure.

How the Tenant Is Served

Once the affidavit is filed, the court issues a summons to the Cobb County Sheriff’s Office, which handles all civil service in the county.⁵ A deputy first tries personal service by handing the papers directly to the tenant.

If personal service fails and no other adult is at the property after a reasonable effort, Georgia allows tack-and-mail service: the deputy posts the papers on the door and mails a copy by first-class mail to the tenant’s last known address the same day. There is an important limit on this method. When service is by tack and mail and the tenant never responds, the court can enter a default judgment for possession, but it cannot award a money judgment for back rent unless the tenant files an answer or appears in court.⁶

Seven Days to Answer

After service, the tenant has seven days to file an answer. The summons itself states the last day to respond. If that day falls on a Saturday, Sunday, or legal holiday, the deadline rolls to the next business day.⁶ The answer can be written or oral and can include any legal or equitable defense or counterclaim the tenant wants to raise.

Missing the seven-day window is the costliest mistake a tenant can make. If no answer is filed in time, the court issues a writ of possession immediately. No hearing, no evidence, no second chance. The landlord gets a default judgment for possession and for all rent claimed in the affidavit as if every statement in it had been proven.⁷

Paying the Full Amount to End the Case

Tenants sued for unpaid rent have a specific escape within the seven days. Paying the landlord the full amount owed plus the cost of the dispossessory warrant works as a complete defense and the case is dismissed. The landlord only has to accept this tender once every twelve months, so it is not a tool a chronically late tenant can use repeatedly.⁸

Rent Into the Court Registry

A tenant who answers and contests the case can stay in the property while the lawsuit is pending, but must begin paying rent into the court registry at the time the answer is filed. That protects the landlord from losing months of income during litigation.⁷

The Hearing

Once a timely answer is filed, the court sets the matter for trial. Georgia tells courts to expedite dispossessory hearings, so these cases typically land on the calendar within a few weeks. The landlord presents first, usually with the lease, a payment ledger, the demand for possession, and documentation of any lease violations. The tenant then responds with evidence, defenses, and any counterclaims.

A judgment for the landlord covers possession plus whatever rent the court finds due.⁹ A judgment for the tenant dismisses the case and the tenant stays. Counterclaims, including retaliation or an unreturned security deposit, can produce a money judgment against the landlord.

Writ of Possession and the Sheriff’s Removal

A writ of possession does not take effect the day the judge rules. Georgia builds in a seven-day waiting period after the judgment before the writ becomes enforceable.⁹ That window gives the tenant time to leave voluntarily or file an appeal. Once the seven days pass without an appeal, the landlord requests the writ and the Cobb County Sheriff’s Office carries out the physical removal. The execution fee is $25.00 per person named in the judgment.⁵

During removal, the tenant’s belongings are placed on the landlord’s property or another location the landlord designates and the executing officer approves. Georgia imposes no duty on the landlord to store, protect, or safeguard those items. Once the writ is executed, the property is treated as abandoned.⁹ Anything a tenant wants to keep should be out before the seven-day window closes.

Appealing a Dispossessory Judgment

Either side can appeal. The notice of appeal has to be filed with the trial court clerk within seven days of the judgment, and the appeal goes to the reviewing superior court or state court.¹⁰

For a tenant who wants to stay in the property during the appeal, the financial requirement is heavy. All rent the trial court found due must be paid into the registry of the reviewing court, and the tenant has to keep paying rent as it becomes due into that same registry until the appeal ends.¹⁰ A tenant who can’t make those payments loses the right to stay during the appeal.

Defenses a Tenant Can Raise

Georgia lets tenants raise any legal or equitable defense or counterclaim in the answer. A few come up often in Cobb cases.

Retaliation

If the landlord files for eviction within three months of the tenant reporting a code violation, requesting repairs, or participating in a tenant organization, Georgia creates a presumption that the eviction is retaliatory, which is a complete defense. A tenant who proves retaliation can recover one month’s rent plus $500 in civil penalties, court costs, and reasonable attorney’s fees where the landlord acted willfully or maliciously. The landlord can rebut the presumption by showing a legitimate, non-retaliatory reason, and a property that passed a building or housing inspection within the prior twelve months weakens the claim.¹¹

Procedural Defects

Landlords lose dispossessory cases on paperwork more than people expect. Serving the wrong person, skipping the three-business-day notice before a nonpayment filing, demanding the wrong amount, or naming only one tenant when the lease lists two are all case-killers. A missing or botched demand for possession leaves the court without grounds to proceed. The affidavit and the service method are worth reading carefully before drafting an answer.

The Landlord’s Failure to Keep the Property in Repair

Georgia holds landlords liable for damages arising from defective construction or a failure to keep premises in repair.¹² Georgia does not allow tenants to simply withhold rent over repair disputes, but a tenant who gave written notice of needed repairs can sue the landlord and raise that claim as a counterclaim in the dispossessory answer.

What Landlords Cannot Do

Changing the locks, hauling out a tenant’s belongings, or shutting off utilities to force a tenant to leave is illegal in Georgia. Knowingly cutting off heat, electricity, or water to a tenant before the dispossessory is finally resolved is a criminal offense, carrying a fine of up to $500, which some courts award directly to the tenant. No matter how far behind the rent is, the only lawful path to removal runs through the court and the sheriff.

Federal Rules That Can Override the State Process

A few federal laws can delay or block a Cobb County eviction that would otherwise proceed under Georgia rules.

Active-duty military members and their dependents cannot be evicted from a primary residence without a court order, and the court can stay proceedings for at least 90 days when the servicemember’s duties prevent them from appearing.¹³ Before any default judgment, the landlord has to file an affidavit stating whether the tenant is in military service, and the court may require a bond if that status is unknown.

For properties with federally backed mortgages or tenants on federal housing assistance, the CARES Act requires a 30-day notice to vacate before an eviction can be filed. The provision has no expiration date and remains codified at 15 U.S.C. § 9058(c). Landlords with FHA, VA, USDA, Fannie Mae, or Freddie Mac financing should assume it applies.

Evictions targeting a tenant based on race, color, religion, sex, national origin, familial status, or disability violate the Fair Housing Act.¹⁴ A tenant who believes the eviction is discriminatory can file a complaint with the U.S. Department of Housing and Urban Development and raise the issue as a defense in the dispossessory case.

1
Justia. Georgia Code 44-7-50 – Demand for Possession; Procedure Upon a Tenants Refusal; Notice to Vacate or Pay
2
Cobb County. Magistrate Court Fees and Forms
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Cobb County. State Court Clerk Civil Division
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Georgia Magistrate Council. MAG 30-01 Dispossessory Affidavit and Summons
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Cobb County Sheriff’s Office. Cobb County Sheriffs Office – Civil Service
6
Justia. Georgia Code 44-7-51 – Issuance of Summons; Service
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Justia. Georgia Code 44-7-53 – When Writ of Possession Issued
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FindLaw. Georgia Code Title 44 Property 44-7-52
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Justia. Georgia Code 44-7-55 – Judgment; Writ of Possession; Landlords Liability for Wrongful Conduct; Distribution of Funds Paid Into Court; Personal Property
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Justia. Georgia Code 44-7-56 – Appeal; Procedure
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Justia. Georgia Code 44-7-24 – Establishment of a Prima-Facie Case of Retaliation
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Justia. Georgia Code 44-7-14 – Tort Liability of Landlord
13
United States Courts. Servicemembers Civil Relief Act
14
Department of Justice. The Fair Housing Act