The Georgia eviction process is a court-supervised proceeding called a dispossessory action, and a landlord has to go through it to legally remove a tenant. The sequence is fixed: demand possession in writing, file a dispossessory affidavit in magistrate court, have the tenant served, wait seven days for an answer, go to a hearing if the tenant responds, and then wait another seven days after judgment before the sheriff can execute a writ of possession. Skipping any of these steps, or trying to force the tenant out by changing locks or cutting off utilities, is illegal and exposes the landlord to civil liability.
When a Landlord Can File
Georgia law allows a dispossessory action in three situations: the tenant holds over after the lease ends, the tenant fails to pay rent when due, or the tenant occupies the property at will or at sufferance and the landlord wants it back.1Justia. Georgia Code 44-7-50 – Demand for Possession; Procedure Upon a Tenant’s Refusal; Notice to Vacate or Pay Nonpayment is the most common trigger. A material lease violation, like keeping an unauthorized pet, subletting without permission, or illegal activity on the premises, also qualifies.
Month-to-month tenants are tenants at will, and ending that type of tenancy takes an extra step. The landlord must give 60 days’ written notice before demanding possession.2Justia. Georgia Code 44-7-7 – Tenancy at Will – Notice Required for Termination That notice terminates the tenancy, but it does not replace the separate demand for possession that starts the court case.
Step 1: Demand Possession
Before anything gets filed, the landlord has to demand that the tenant give up the property. Georgia does not require specific wording, but putting the demand in writing is strongly advised because the landlord will need to prove the demand was actually made.1Justia. Georgia Code 44-7-50 – Demand for Possession; Procedure Upon a Tenant’s Refusal; Notice to Vacate or Pay A proper demand names the tenant, identifies the property, states the reason, and sets a deadline to vacate.
The demand should be posted in a sealed envelope on the property’s door and delivered through any additional method the lease specifies. For nonpayment, the statute provides for a three-day notice to vacate or pay. If the tenant ignores the demand or refuses, the landlord can file immediately after the stated deadline. There is no additional waiting period. But filing without having made a demand at all can get the case dismissed as premature.
Step 2: File the Dispossessory Affidavit
The case formally starts when the landlord files a dispossessory affidavit in the magistrate court for the county where the property sits. The affidavit is a sworn statement identifying both parties, giving the property address, stating the grounds, and listing any past-due rent.3Georgia Magistrate Council. Dispossessory Affidavit and Summons Because it is signed under oath, inaccurate numbers or dates can create real problems later.
Standard forms are available from the magistrate court clerk, and many counties post them online. Filing fees vary by county. Once the affidavit is filed and the fee paid, the clerk issues a summons for service on the tenant. State court and superior court will also hear these cases, but magistrate court handles most of them.4Georgia Legal Aid. How to File and How to Answer a Dispossessory
Step 3: Serve the Tenant
A sheriff, deputy, or marshal has to deliver the summons and affidavit to the tenant. Personal service is preferred, meaning the officer hands the papers directly to the tenant or to another competent person living at the property.5Justia. Georgia Code 44-7-51 – Issuance of Summons; Service; Time for Answer; Defenses and Counterclaims
When the officer makes a reasonable effort and still cannot find anyone, service can happen by tack and mail: a copy posted on the door and a second copy mailed to the tenant’s last known address. The method matters for what the landlord can collect. If service was by tack and mail and the tenant never responds, the court can award possession on default, but it cannot enter a money judgment for unpaid rent unless the tenant actually files an answer or appears in court.5Justia. Georgia Code 44-7-51 – Issuance of Summons; Service; Time for Answer; Defenses and Counterclaims A landlord who wants back rent, not just the property, needs the tenant personally served or physically present at the hearing.
Step 4: The Tenant’s Seven-Day Answer
Once served, the tenant has seven days to respond. The answer can be oral or in writing. If the seventh day falls on a weekend or legal holiday, the deadline moves to the next business day.5Justia. Georgia Code 44-7-51 – Issuance of Summons; Service; Time for Answer; Defenses and Counterclaims The summons will list the exact last date. An oral answer at the clerk’s office gets noted on the affidavit itself, and an answer can raise any legal or equitable defense and include a counterclaim.
A tenant who does not answer at all faces a default judgment, and the landlord gets possession without a hearing. Common defenses include improper or missing notice, premature filing, tender of all rent plus late fees and costs in a nonpayment case, failure of the landlord to maintain the property, and retaliation if the landlord filed within three months of a code complaint or repair request.6Justia. Georgia Code 44-7-24 – Establishment of a Prima-Facie Case of Retaliation
Step 5: The Hearing and Judgment
If the tenant files an answer, the court schedules a hearing in magistrate court. Neither side needs an attorney, though both may have one. The landlord presents the lease, proof of missed payments or lease violations, and evidence that the demand for possession was made. The tenant presents their defense or counterclaim.
The judge rules from the bench or shortly after. A landlord win produces a judgment for possession and often a money judgment for unpaid rent and court costs. A tenant win dismisses the case, and the tenant stays. A landlord who loses cannot simply refile the same facts.
Step 6: Writ of Possession and Removal
After a judgment for the landlord, the court issues a writ of possession. The writ cannot be executed until seven days after the judgment date, giving the tenant a final window to appeal or move out.7Justia. Georgia Code 44-7-55 – Judgment; Writ of Possession; Landlord’s Liability for Wrongful Conduct; Distribution of Funds Paid Into Court; Personal Property
Once that seven days passes, the landlord has 30 days to apply for execution of the writ. Missing the 30-day window means filing an affidavit explaining the delay, and if the court is not satisfied, the landlord has to apply for a new writ.7Justia. Georgia Code 44-7-55 – Judgment; Writ of Possession; Landlord’s Liability for Wrongful Conduct; Distribution of Funds Paid Into Court; Personal Property A sheriff or marshal oversees the physical removal. The writ authorizes placing the tenant’s property on a portion of the landlord’s land or another location the officer approves. After execution, that property is legally abandoned, and the landlord has no duty to protect or store it.
If the Tenant Appeals
A tenant who loses can appeal by filing a petition for review or notice of appeal within seven days of the judgment, with the appeal heading to superior or state court.8Justia. Georgia Code 44-7-56 – Appeal; Procedure
Staying in the property during the appeal has a condition. The tenant must pay all past-due rent found owed by the trial court into the registry of the reviewing court, and must keep paying future rent into that registry as it comes due for as long as the appeal is pending. Failing to pay does not kill the appeal itself, but it ends the tenant’s right to remain in the unit while the case is reviewed.
What Landlords Cannot Do
Shutting off heat, water, electricity, or cooling to force a tenant out while a dispossessory case is pending is a criminal offense in Georgia, with a fine of up to $500.9Justia. Georgia Code 44-7-14.1 – Landlord’s Duties as to Utilities Changing the locks, removing a tenant’s belongings, or blocking access without a court order opens the landlord to civil damages and potentially the tenant’s attorney’s fees.
The $500 criminal fine is modest. The civil exposure is where impatient landlords create costs far larger than the dispossessory itself. A locked-out tenant can seek an emergency order restoring possession, and the landlord ends up paying for the shortcut.
Military Tenants
Federal law adds protection when an active-duty servicemember is the tenant. Under the Servicemembers Civil Relief Act, a landlord cannot evict a servicemember or their dependents from a primary residence without a court order when monthly rent is $10,239.63 or less, the threshold as of January 2025 and adjusted annually for housing cost inflation.10Office of the Law Revision Counsel. 50 USC 3951 – Evictions and Distress That ceiling covers essentially every residential rental in Georgia.
If there is any indication the tenant is on active duty, the court must verify military status before entering a default judgment. The SCRA also authorizes the court to stay the proceeding or adjust lease terms to account for the servicemember’s circumstances. Violations can draw civil penalties of $55,000 or more through Department of Justice enforcement, plus the servicemember’s own damages and legal fees.