Filing fees, sheriff costs, attorney fees, and lost rent, under O.C.G.A. § 44-7 (Landlord and Tenant)
Eviction in Georgia: a landlord’s guide to the costs. This isn't about legal theory. It's about your bank account and your time. You own 1 to 20 units. This guide provides the Georgia-specific practical bottom line. Expect direct numbers. Expect timelines. Expect what to avoid.
Georgia’s approach to eviction is distinct. The state prioritizes speed for landlords in non-payment cases, but with specific procedural hurdles. Unlike some states with complex "just cause" eviction requirements, Georgia generally allows for evictions based on lease violations or holding over after a lease term ends. There is no statewide "just cause" requirement. This simplifies the initial grounds for eviction but doesn't eliminate the need for strict adherence to process.
The key regulators here are primarily the local Magistrate Courts. These are the courts that handle dispossessory actions, which is Georgia's term for eviction. While there are state-level laws, the interpretation and application often vary slightly by county and even by individual judge. Understanding your local court's quirks is critical. Expect court clerks to be your primary resource for procedural questions, not legal advice. They can tell you what forms to file and how many copies, but not whether you have a winning case.
Your controlling statute is O.C.G.A. § 44-7 (Landlord and Tenant). This is your bible. Ignorance of its provisions will cost you. Read it. Understand it. Or pay someone who does.
Your costs break down into three main categories: direct legal fees, court costs, and lost rent. The latter is often the largest. Don't underestimate it.
Totaling these up, a "cheap" eviction might still run you $1,000 to $2,000, assuming you do some legwork yourself and the tenant vacates quickly. A more typical scenario, involving an attorney and a tenant who stays through the court process, will likely hit $3,000 to $5,000. If you have to deal with property damage or a tenant who forces a writ of possession and sheriff escort, add another $500 to $1,000 for clean-up and potential repairs.
Your notice periods are non-negotiable. For non-payment of rent, you must give a 3-day notice. This notice must be proper. It must clearly state the amount due and the deadline. For "no cause" evictions (meaning, for example, a tenant holding over after a lease expires, or a month-to-month tenancy you wish to terminate), you must give a 60-day notice. This is a common point of failure for landlords. Don't cut corners on notice periods. A flawed notice will get your case dismissed, forcing you to start over and lose more rent.
A concrete example of a common landlord mistake: sending a 3-day notice via certified mail only. Georgia courts often require personal service or posting on the door, plus regular mail. Relying solely on certified mail, which can be refused, is a gamble. If the tenant never receives the notice, your case is dead on arrival. Always verify your local court's preferred method of notice delivery.
Don't attempt "self-help" eviction. Don't change locks. Don't turn off utilities. Don't remove tenant property. These actions are illegal in Georgia and will result in significant penalties, including potential damages awarded to the tenant. Do follow the legal process. Do file a dispossessory affidavit. Do get a court order for removal. It's slower, but it's the only way to protect yourself from liability.
Another mistake: accepting partial rent after serving a non-payment notice. Unless you explicitly state in writing that the partial payment does not waive your right to evict, accepting even $5 can reset the eviction clock or invalidate your notice entirely. If you accept a partial payment, get a new, clear agreement in writing, or serve a new notice for the remaining balance. Better yet, avoid partial payments if your goal is eviction.
As of recent legislative sessions, there's been ongoing discussion around landlord-tenant law, particularly concerning notice periods and tenant protections. While Georgia has historically leaned towards landlord-friendly policies, there are increasing calls for adjustments. For instance, proposals related to extending notice periods for non-renewal of leases or introducing limited "just cause" provisions for certain scenarios have surfaced. These haven't gained significant traction for a statewide "just cause" mandate, but specific municipalities or counties might explore their own ordinances. Always check for local ordinances in addition to state law. The general trend, however, remains consistent: Georgia maintains a relatively straightforward eviction process compared to some other states, but landlords must still adhere to strict procedural rules to avoid costly delays.
| Cost Line | Uncontested | Contested |
|---|---|---|
| Notice prep & service | $75–$200 | $150–$350 |
| Court filing fee | $60–$250 (O.C.G.A. § 44-7 (Landlord and Tenant)) | |
| Process server | $75–$200 | |
| Attorney fees | $500–$3,000 | |
| Sheriff / constable lockout | $25–$100 | |
| Lost rent during process | $485–$1,039 (14–30 days @ $1,039/mo) | $1,558–$3,117 (45–90 days) |
| Cleaning, repairs, re-leasing | $800–$2,200 | $1,100–$5,200 |
| Total scenario | $870–$2,889 | $2,643–$9,967 |
This section outlines Georgia-specific considerations for eviction costs. Focus here is on the unique aspects, common pitfalls, and recent legislative shifts affecting landlords in the state. Understanding these points is critical for accurate cost assessment and effective eviction proceedings.
Georgia eviction law is primarily governed by O.C.G.A. § 44-7 (Landlord and Tenant). Familiarity with this statute is not optional. It dictates everything from notice requirements to appeal processes.
There is no statewide just-cause eviction requirement in Georgia. This means that, outside of specific local ordinances, you are not required to provide a "just cause" (like a lease violation) to terminate a month-to-month tenancy, provided proper 60-day notice is given.
In Georgia, an eviction action is called a Dispossessory Warrant. This is filed in the Magistrate Court of the county where the property is located. Filing fees typically range from $60 to $100, varying by county. For example, in Fulton County, the filing fee for a Dispossessory Warrant is currently around $75. Service fees for the sheriff or a private process server add another $25-$50 per tenant. Budget for at least $100-$150 in initial court and service fees.
After filing, the tenant is served. They have 7 days to file an answer with the court. If they do not answer, you can request a Default Judgment and a Writ of Possession. If they do answer, a court hearing will be scheduled.
A frequent error landlords make in Georgia is attempting self-help eviction. Don't change locks, turn off utilities, or remove a tenant's belongings. These actions are illegal and can result in significant penalties, including damages to the tenant. Do file a Dispossessory Warrant through the court system. Follow the legal process. Any deviation is a risk.
Another common mistake involves improper notice. Landlords often use generic notices or miscalculate the notice period. For instance, sending a 3-day notice for non-payment on a Monday, expecting the tenant out by Thursday, but failing to account for proper delivery methods or a holiday. The 3-day period must be clear business days following proper service. If in doubt, add an extra day. Ensure your notice clearly states the amount due, the period for which it's due, and the consequence of non-payment (filing for eviction).
Don't accept partial payments without a clear, written agreement. Accepting a partial payment after issuing a notice for non-payment can sometimes invalidate your original notice, requiring you to re-issue it. If you accept a partial payment, ensure you have a written agreement stating it does not waive your right to proceed with the eviction for the remaining balance or that it reinstates the tenancy under specific terms. Better yet, do require full payment or proceed with the eviction.
Georgia has no statutory cap on security deposits. You can charge what the market bears. However, the rules for handling and returning security deposits are strict under O.C.G.A. § 44-7-30 et seq.
Failure to comply can result in you forfeiting your right to withhold any portion of the deposit and potentially owing the tenant three times the amount wrongfully withheld, plus attorney fees. This is a common area for litigation outside of the eviction itself.
While O.C.G.A. § 44-7 controls statewide, some counties and cities have specific ordinances that can impact the eviction process or related landlord-tenant matters. These are typically not direct eviction process changes but might involve things like:
For example, while Fulton County does not have a "just cause" eviction ordinance, Atlanta city (within Fulton County) has various tenant protections. Always check the specific municipal code for the property's location in addition to the county regulations.
As of recent legislative sessions, Georgia has seen proposals aimed at both strengthening tenant protections and clarifying landlord rights. One area of ongoing discussion involves the expungement of eviction records. While not yet law, bills have been introduced in the Georgia General Assembly to allow tenants to petition for the sealing or expungement of eviction records under certain circumstances, particularly if the case was dismissed or decided in their favor. This could impact background checks for future rentals, making it harder for landlords to assess risk based solely on past filings.
Another recurring theme is the push for more explicit rules regarding landlord-tenant habitability standards, though comprehensive changes have been slow to pass. While Georgia law implicitly requires landlords to maintain safe and habitable premises, proposals often seek to codify specific conditions and remedies, potentially increasing the burden on landlords for property maintenance and repairs. Stay informed through legislative updates from reputable landlord associations, as these changes can affect your responsibilities and potential defenses in eviction proceedings.
After obtaining a Writ of Possession, you must coordinate with the Sheriff's office to schedule a "set-out." This is when the Sheriff supervises the removal of the tenant and their belongings from the property. You are responsible for providing the labor to remove the belongings. This cost, often overlooked, can range from a few hundred dollars to over a thousand, depending on the volume of items and the labor required. The Sheriff's fee for executing the Writ is separate, typically around $25-$50. Don't attempt to move the tenant's belongings yourself before the Sheriff is present. This is illegal. Do schedule the set-out with the Sheriff and hire a moving crew.
Any property left behind after the set-out is generally considered abandoned. However, it's wise to photograph everything and store valuable items for a reasonable period (e.g., 24-48 hours) to avoid claims of wrongful conversion, though Georgia law is generally favorable to landlords in these situations once a Writ of Possession has been executed.
Every dollar spent on tenant screening saves roughly $15–$25 in eviction and turnover costs. A rigorous screening protocol, verified income, rent-to-income ratio, prior landlord references, and a documented rubric, is the single highest-ROI move a Georgia landlord can make.
See our tenant screening guide for Georgia for the 5-point protocol used by NextGen Properties.
Atlanta market-rate unit: $4,200 to $7,800 all-in on a typical $1,500 unit. Direct legal $300 to $900 (one of the cheapest in the country). Lost rent during the 14 to 60-day case $700 to $3,000. Turn $1,500 to $4,000. Vacancy $1,000 to $2,250. Marketing $200 to $500. The direct legal fees are 10 to 15 percent of the total. Georgia's headline cheap eviction is real for the legal-fee component; the all-in is mid-pack nationally.
Varies by county. Fulton (Atlanta) $60 to $75. DeKalb $79. Clayton $50. Cobb $80. Gwinnett $79. Athens-Clarke $79 plus $25 per additional defendant. Sheriff service: $25 per defendant. Sheriff writ execution: $25 to $50. The fees are recoverable in the judgment but rarely collectible against the tenant.
Uncontested dispossessory: 14 to 30 days from filing to lockout. Contested: 30 to 60 days. Service typically completes in 3 to 7 days, tenant has 7 days to answer, trial within 10 to 14 days of answer, writ execution 7 days after order. Georgia is among the fastest eviction states in the country, faster than Florida's typical 18 days only on the back-end execution window.
No, magistrate court is designed for pro se. Most Georgia landlords handle uncontested dispossessory cases without an attorney. The forms are standardized, the procedure is informal, and the judge typically guides unrepresented parties through the basics. Attorneys are worth hiring when: the case is contested with a represented tenant, the tenant has asserted a habitability counterclaim, the property is owned by an LLC requiring representation, or the amounts at stake (back rent plus damages) exceed $10,000. Flat fees: $300 to $700 uncontested, $1,000 to $3,000 contested.
Often, but the math is closer than in slow states. Atlanta cash-for-keys offers run $500 to $2,000 plus return of deposit. Compare to $4,200 to $7,800 all-in for a Georgia eviction. The all-in cost gap is smaller than in California or New York (where cash-for-keys is almost always cheaper), but cash-for-keys still avoids the eviction filing on the tenant's record and reduces turn costs (tenants who take cash-for-keys typically leave units cleaner). For uncontested Georgia cases on units under $1,200/month, the direct legal cost is so low that running the dispossessory is often cheaper than cash-for-keys.
Informational only, not legal advice. Consult a licensed Georgia attorney. Source attribution in the Sources band below.
