The Georgia eviction process is a court-supervised proceeding called a dispossessory action, governed by O.C.G.A. §§ 44-7-50 through 44-7-56. A landlord has to give the tenant a written demand for possession, file a sworn affidavit in Magistrate Court, have the tenant served, and obtain a writ of possession that only becomes enforceable seven days after judgment. Skipping any step can get the case thrown out. Start to finish, a straightforward case runs about two weeks; a contested one can stretch past a month.
Grounds a Landlord Must Have
Georgia recognizes three reasons for a dispossessory action. Nonpayment of rent is the most common, and it covers late fees, utilities, and any other charges the lease makes the tenant responsible for.1Justia. Georgia Code 44-7-50 – Demand for Possession; Procedure Upon a Tenant’s Refusal; Notice to Vacate or Pay Holding over after a lease expires without the landlord’s permission is the second. Violating a specific lease term — unauthorized occupants, property damage, prohibited pets — is the third.
A landlord who simply wants the tenant out for personal reasons has to wait for the lease to end and decline to renew. For month-to-month tenancies, the landlord must give 60 days’ written notice before the tenancy ends. The tenant only owes 30 days.2Justia. Georgia Code 44-7-7 – Tenancy at Will Missing that 60-day window is one of the most common mistakes with month-to-month tenants, and it gives the tenant a clean defense in court.
The Notice That Has to Come First
Before any court filing, Georgia law requires a formal demand that the tenant leave. The type of notice depends on why the eviction is happening.
Three Business Days for Nonpayment
For rent evictions, the landlord must give a written notice offering three business days to either pay everything owed or move out. The notice covers past-due rent, late fees, utilities, and any other charges under the lease.1Justia. Georgia Code 44-7-50 – Demand for Possession; Procedure Upon a Tenant’s Refusal; Notice to Vacate or Pay It must be posted in a sealed envelope on the property door and delivered through any additional method the lease specifies. If the tenant neither pays nor leaves within those three business days, the landlord can file.
This three-business-day rule was strengthened by a 2024 amendment that applies to residential leases entered into or renewed on or after July 1, 2024. Landlords with older leases should still provide clear written notice, because courts respond well to documented demands.
Holdover and Lease Violations
When the eviction is based on holding over or violating a lease term rather than unpaid rent, the landlord makes a demand for possession asking the tenant to leave.1Justia. Georgia Code 44-7-50 – Demand for Possession; Procedure Upon a Tenant’s Refusal; Notice to Vacate or Pay The statute does not set a waiting period for holdover cases the way it does for nonpayment. If the tenant refuses or fails to leave after receiving the demand, the landlord can move to filing right away.
Filing the Dispossessory Affidavit
The case begins when the landlord files a sworn affidavit with the Magistrate Court in the county where the property sits. The affidavit must include the full legal names of every tenant, the property address, the specific reason for eviction, and details such as the exact dollar amount past due or the lease provision violated.3Georgia Magistrate Council. Dispossessory Affidavit and Summons It must also confirm that a proper demand for possession was made and that the tenant has still not left.
The landlord or an authorized agent signs the affidavit under oath before a notary public or court clerk. Errors cause delays. Courts routinely reject affidavits that name the wrong parties, state the wrong amount, or fail to describe the proper notice. Most Magistrate clerk offices provide standard forms, and using those forms cuts down on procedural mistakes.
Filing fees vary by county. The affidavit generally costs between $54 and $75, with a separate marshal or sheriff service fee of around $35 per defendant.4DeKalb Magistrate Court. Landlord-Tenant Dispossessory If the landlord later wins and needs the sheriff to carry out the physical eviction, the writ of possession costs extra. Fulton County’s writ execution fee, for example, is $75.5Fulton County Magistrate Court. Filing Fees Plan on roughly $150 to $200 in total court costs for a straightforward case with one named tenant.
Serving the Tenant
Once the court accepts the affidavit, it issues a summons. A sheriff, deputy, or lawful constable serves it. Georgia law prioritizes personal delivery directly to the tenant. If the officer cannot find the tenant, service can be made on any competent adult living at the property.6Justia. Georgia Code Title 44 Property 44-7-51 – Issuance of Summons; Service; Time for Answer; Defenses and Counterclaims
If no one is found after a reasonable effort, the officer uses “tack and mail” service: posting the summons and affidavit on the front door and mailing a copy to the tenant’s last known address on the same day. This method has an important limitation. When the court relies on tack and mail, it can enter a default judgment for possession, but it cannot award money damages for unpaid rent unless the tenant later files an answer or appears.6Justia. Georgia Code Title 44 Property 44-7-51 – Issuance of Summons; Service; Time for Answer; Defenses and Counterclaims
The Tenant Has Seven Days to Answer
After service, the tenant has seven days to file an answer with the court. The answer can be written or oral. If it’s oral, the court clerk endorses the substance of it on the affidavit.6Justia. Georgia Code Title 44 Property 44-7-51 – Issuance of Summons; Service; Time for Answer; Defenses and Counterclaims If the seventh day falls on a Saturday, Sunday, or legal holiday, the deadline extends to the next business day.7Judicial Council of Georgia. Landlord/Tenant The answer can raise any legal or equitable defense and can include counterclaims.
If no answer is filed within seven days, the landlord can ask the court for a default judgment. The court then issues a writ of possession without a hearing.3Georgia Magistrate Council. Dispossessory Affidavit and Summons This is how most Georgia evictions actually end, because many tenants don’t respond or don’t realize they need to.
Rent Has to Go Into the Court Registry
A tenant who files an answer to fight the eviction must also deposit the rent owed into the court’s registry.8Justia. Georgia Code 44-7-53 – When Writ of Possession Issued Skipping that deposit can cost the tenant the case regardless of how strong the defenses are. If the dispute drags on longer than two weeks from the service date, the tenant must keep paying rent into the registry as it comes due. The money sits in the court’s account and is distributed to whichever party wins.
The Tender Defense for Nonpayment
A tenant facing eviction for nonpayment can pay everything the landlord claims is owed, plus court costs, within seven days of being served. This “tender” is a complete defense that stops the eviction.9Justia. Georgia Code 44-7-52 – When Tender of Payment by Tenant The landlord is only required to accept a tender once every 12 months from the same tenant. Use it eight months ago, and it won’t save you the second time.
The Hearing and Judgment
When a tenant files an answer, the court schedules a hearing. Georgia law directs the court to move the case to trial quickly.8Justia. Georgia Code 44-7-53 – When Writ of Possession Issued The landlord carries the burden of proving that proper notice was given, that a valid ground exists, and that the tenant is still in possession. The tenant presents any defenses and counterclaims. The most common defenses turn on notice and service: no proper demand, no three-business-day notice for nonpayment, defective service, insufficient 60-day notice on a month-to-month tenancy, or that rent was paid or a partial payment was accepted for the current month.10Georgia Department of Law. Georgia Landlord Tenant Handbook Fair housing discrimination and Servicemembers Civil Relief Act protections can also block or delay an eviction if they apply.
If the judge rules against the tenant, the court enters judgment for all rent due plus related amounts and issues a writ of possession. The writ does not take effect immediately. It becomes enforceable seven days after the date the judgment is entered.11Justia. Georgia Code 44-7-55 – Judgment; Writ of Possession; Landlord’s Liability for Wrongful Conduct; Distribution of Funds Paid Into Court; Personal Property That gap gives the tenant time to move out voluntarily or file an appeal.
Execution of the Writ
Once the seven-day post-judgment period passes without an appeal, the sheriff’s office carries out the physical eviction. The sheriff or marshal usually notifies the tenant of the scheduled date, typically with 24 to 72 hours of warning.12Long County Sheriff’s Office. Evictions On execution day, the officer oversees the removal of the tenant and their belongings.
Georgia is unusually landlord-friendly on personal property left behind. The writ authorizes moving the tenant’s belongings to some portion of the landlord’s property or another location the landlord designates and the officer approves. Once the writ is executed, the landlord is not a caretaker of those belongings and owes no legal duty regarding them. The statute treats the property as abandoned.11Justia. Georgia Code 44-7-55 – Judgment; Writ of Possession; Landlord’s Liability for Wrongful Conduct; Distribution of Funds Paid Into Court; Personal Property A tenant who knows a writ is coming should remove anything of value before execution day.
Appeals
Either side can appeal the Magistrate Court’s decision to the Superior Court or State Court. The appealing party must file a copy of the appeal petition with the Magistrate Court clerk within seven days of the judgment.13Justia. Georgia Code 44-7-56 – Appeal; Procedure Filing the appeal does not automatically let the tenant stay. To remain in the property while the appeal is pending, the tenant must pay all rent the trial court found to be due into the reviewing court’s registry and keep depositing future rent as it comes due. Miss those payments and the right to possession is gone even if the appeal is still alive.
What Landlords Can’t Do
Georgia forbids landlords from taking the eviction into their own hands. It is unlawful for a landlord to knowingly shut off utilities to a tenant while a dispossessory case is pending.14Justia. Georgia Code 44-7-14.1 – Landlord’s Duties as to Utilities Changing locks, removing doors, or physically blocking access without a court order are all illegal self-help evictions.
A tenant who is illegally locked out or forced from the property can bring a tort claim for wrongful eviction. Georgia courts have long treated a forcible eviction outside the legal process as a trespass on the tenant’s right to possession, and the tenant can recover damages. Landlords who try shortcuts often pay far more in liability than the cost of going through the courts.
How Long the Process Takes
Add the pieces together and the timeline shapes up like this. Three business days after the demand for nonpayment before filing. Seven days for the tenant to answer after service. If there’s no answer, a default judgment produces a writ. If there is an answer, a hearing follows, and after judgment there’s a mandatory seven-day wait before the sheriff can enforce the writ. An uncontested case can wrap up in about two weeks; a contested one with a hearing and possible appeal can run a month or longer.