Evicting a tenant in Georgia requires adherence to specific legal procedures. Deviation from these steps can lead to significant delays, financial penalties, or even dismissal of your case. This guide outlines the Georgia eviction process, providing practical information for landlords with 1-20 units.
Georgia's posture on landlord-tenant law is distinct. While a landlord-friendly state in many respects, Georgia does not have statewide "just cause" eviction requirements. This means you generally do not need a specific, court-approved reason beyond a lease violation or expiration to initiate an eviction, provided proper notice is given. However, federal protections for certain tenants, such as those in properties with federal subsidies, still apply. The primary regulatory authority for evictions in Georgia rests with the magistrate courts, which handle dispossessory actions. Local ordinances can add layers of complexity, so always check your county and city regulations.
The controlling statute for landlord-tenant relations and evictions in Georgia is O.C.G.A. § 44-7 (Landlord and Tenant). This statute defines the rights and responsibilities of both parties and dictates the precise steps for lawful eviction. Understanding this law is not optional. It is the framework for every action you take.
For landlords with 1-20 units, the practical bottom line is precision. Georgia courts expect landlords to follow the law exactly. Mistakes, even minor ones, can be costly. For example, a common landlord mistake is failing to properly serve the dispossessory warrant. Taping it to the door without also mailing it or personally delivering it to a resident of suitable age and discretion is insufficient. This error alone can lead to a case dismissal, forcing you to refile and restart the process, incurring additional court fees and lost rent. Don't assume a tenant will simply move out because you've told them to. Do follow every legal step to the letter.
Another critical point is notice. For non-payment of rent, Georgia requires a 3-day notice. This notice informs the tenant they have three days to pay the overdue rent or quit the premises. For no-cause evictions, typically at the end of a lease term where you do not wish to renew, a 60-day notice is required. These timeframes are minimums. You can provide longer notice, but never shorter. The clock starts ticking when the notice is properly delivered.
Security deposits also warrant attention. Georgia has no statutory cap on security deposit amounts. You can charge what the market allows. However, strict rules govern how you must handle and return these deposits. Failure to adhere to these rules can result in penalties, including returning the full deposit even if damages exist.
The Georgia eviction process generally involves these stages:
As of recent legislative sessions, Georgia has seen discussions around landlord-tenant reforms, particularly concerning tenant protections and housing affordability. While no major overhauls of the eviction process itself have been enacted, proposals often center on expanding notice periods for certain evictions or establishing clearer guidelines for habitability. For example, during the 2024 legislative session, bills were introduced concerning the timing of rent increases and the conditions under which a landlord can refuse to renew a lease, though many did not pass. Landlords should monitor legislative developments, as even minor changes can affect procedures or documentation requirements. Staying informed ensures compliance and avoids future legal complications.
This introduction provides an overview. Each step requires meticulous attention to detail. Consult legal counsel for specific advice on your situation. Do not proceed without understanding the law.
| Reason | Notice | Statute | Notes |
|---|---|---|---|
| Nonpayment of rent | 3 days | O.C.G.A. § 44-7-50 | 3 business days demand to pay or vacate. Day of service does not count. Saturdays, Sundays, and legal holidays excluded. Written demand strongly preferred; oral is technically sufficient but unprovable. |
| Holdover, no-cause | 60 days | O.C.G.A. § 44-7-7 | 60 days for a no-cause termination by the landlord. Tenant must give 30 days to terminate from their side. Lease may specify different periods if mutually agreed. |
| Material lease violation | 3 days | O.C.G.A. § 44-7-50 | 3 business days demand to vacate for material breach. No statutory cure right at the state level (some local ordinances add cure periods). |
| End of lease term | 0 days | O.C.G.A. § 44-7-50 | If the lease has a fixed end date, no termination notice is required; the demand for possession may be served at any time after the term expires. |
3-business-day written demand to pay or vacate (O.C.G.A. § 44-7-50). Day of service does not count. Weekends and holidays excluded. Most Georgia dispossessory cases that fail at the hearing failed at the demand stage.
Landlord swears out an affidavit before a Magistrate Court judge. Filing fees $60 to $80 by county. Online filing in most metro Atlanta counties; in-person in rural counties.
Sheriff or marshal serves the summons. Tenant has 7 calendar days to answer (O.C.G.A. § 44-7-51), with the 7th day extended to the next workday if it lands on a weekend or holiday.
If the tenant answers, hearing within 5 to 10 days. Most cases resolve same-day with bench judgment. If the tenant does not answer, default judgment for the landlord on day 8.
Writ becomes effective 7 days after the date of judgment under O.C.G.A. § 44-7-55. Sheriff or marshal executes. Landlord may not enter or change locks before execution.
Georgia’s eviction process, governed primarily by O.C.G.A. § 44-7 (Landlord and Tenant), presents specific challenges for landlords. Understanding these local nuances is critical. Failure to follow precise procedures will delay your case and cost money.
For non-payment of rent, Georgia does not require a formal written "pay or quit" notice before filing for eviction (dispossessory warrant). This is a common point of confusion for landlords familiar with other states. While not legally required, sending a 3-day notice for non-payment is often a good practice. It can prompt payment, resolve the issue without court, and serves as clear documentation. However, do not assume it's a mandatory prerequisite for filing. The controlling statute, O.C.G.A. § 44-7-50, allows for filing a dispossessory affidavit when a tenant "fails to pay the rent when it becomes due."
If you are terminating a tenancy for reasons other than non-payment, or if it's a month-to-month tenancy without a lease violation, a 60-day notice to quit is required. This is a strict statutory requirement. For week-to-week tenancies, the notice period is seven days. Always serve these notices correctly and document proof of service.
The eviction process begins by filing a "Dispossessory Affidavit" (often called a Dispossessory Warrant) in the Magistrate Court of the county where the property is located. This is not a Superior Court action for most landlords. The filing fee varies by county but typically ranges from $60 to $80. For example, in Fulton County, the filing fee for a dispossessory is currently $71.00. You will also pay a service fee for the sheriff or a private process server, usually another $25-$50 per tenant served.
A common landlord mistake here: listing only the primary tenant on the dispossessory warrant when other adults reside in the property. If you want all occupants removed, all adult occupants should be named in the dispossessory warrant. Failure to name all occupants can lead to delays or the need for a second eviction action if unnamed occupants refuse to leave after the primary tenant is removed.
Proper service is non-negotiable. Georgia law allows for three types of service: personal service, "tack and mail" service, and statutory overnight delivery. Personal service, where the sheriff or process server physically hands the summons to the tenant, is ideal. If personal service is unsuccessful after diligent effort, "tack and mail" is permissible. This involves posting the summons conspicuously on the property (tacking) and mailing a copy via first-class mail. Don't do a simple tack without mailing; do ensure both steps of tack and mail are completed. The date of service is critical for calculating response deadlines.
Once served, the tenant has seven days to file an answer with the Magistrate Court. This is a strict deadline. If the seventh day falls on a weekend or holiday, the deadline extends to the next business day. If the tenant files an answer, a court hearing will be scheduled. If the tenant does not answer within seven days, you can file for a Default Judgment and a Writ of Possession.
At the hearing, be prepared. Bring your lease agreement, ledger showing rent payments (or lack thereof), any notices served, and communication records. Georgia courts expect landlords to present clear, organized evidence. Hearsay is generally inadmissible. Ensure your evidence is direct and relevant.
If you win your case (either by default or at trial), the court will issue a "Writ of Possession." This is the order authorizing the sheriff to remove the tenant. The sheriff's department will typically notify you when they can schedule the physical eviction. This is not an immediate process. Depending on the county and sheriff's backlog, it can take anywhere from a few days to several weeks after the Writ is issued. You, as the landlord, are responsible for arranging for movers or personnel to remove the tenant's belongings from the property during the scheduled eviction by the sheriff. The sheriff's role is to supervise, not to move items. This is another area where landlords often underestimate their responsibilities and costs.
Georgia does not have a statutory cap on security deposits. However, O.C.G.A. § 44-7-33 requires landlords to return the security deposit within 30 days of the tenant vacating or the termination of the lease, whichever is later. If deductions are made, a written itemized statement must be provided to the tenant. Failure to comply can result in the landlord forfeiting the right to withhold any portion of the deposit and being liable for three times the amount wrongfully withheld, plus attorney's fees. This is a significant risk. Always document the condition of the property before and after tenancy with photos or video.
As of recent legislative sessions, Georgia has seen proposals aimed at increasing tenant protections, though significant statewide "just cause" eviction legislation has not passed. There have been discussions around stricter notice requirements for rent increases and non-renewals, particularly for longer-term tenancies. While not yet statewide law, some local jurisdictions or proposed ordinances may introduce stricter rules regarding notice periods or provide additional tenant resources. Landlords should stay informed about potential changes at both the state and county level. For instance, some municipalities have considered or enacted ordinances related to landlord-tenant mediation or rental assistance programs that could impact the eviction timeline or process. Always verify the latest rules with your local Magistrate Court or a qualified attorney.
Understanding these Georgia-specific details will help you avoid costly missteps and ensure a more efficient eviction process when it becomes necessary.
Under 30 days notice-to-lockout is typical for an uncontested case. The math: 3 business days for the demand, plus 1 to 3 days for filing, plus 7 days for the answer window, plus 1 to 7 days for hearing scheduling, plus 7 days post-judgment before the writ becomes effective. Contested cases that go to a contested hearing add 5 to 14 days. County-specific: Fulton Magistrate averages 22 to 28 days; DeKalb similar; Gwinnett moves faster (often under 21); Cobb mid-range. Outside metro Atlanta, dockets run shorter and cases close faster.
Magistrate Court hears the vast majority of dispossessory actions. State Court hears cases with amounts in controversy exceeding the magistrate jurisdictional cap (varies by county, generally $15,000 to $25,000) or complex counterclaims. Superior Court typically only sees dispossessory cases that have been removed or that involve title disputes. Most landlords and tenants will only ever see Magistrate Court. Fulton, DeKalb, Cobb, Gwinnett, and Clayton each run dedicated eviction calendars; smaller counties handle them mixed in with general civil cases.
Yes. O.C.G.A. § 44-7-52 permits the tenant to tender all past-due rent plus accrued costs within the 3-day demand period and stop the dispossessory. After the period expires and the case is filed, payment no longer automatically restores possession; the landlord may accept it and continue, or refuse it and proceed to judgment. HB-404 added a 3-day grace period before late fees can be charged (separate from the dispossessory notice clock). If a tenant pays within the grace period, no late fee accrues, even if the lease says otherwise.
No. Self-help eviction is prohibited in Georgia. The landlord must file a dispossessory, obtain a judgment, and have the sheriff or marshal execute the writ. Changing locks, removing belongings, or shutting off utilities exposes the landlord to civil damages plus attorney fees under the implied covenant of quiet enjoyment and case law (Colonial Self Storage v. Concord Properties and related cases). After HB-404, the statutory damages framework is even more punitive for landlords who self-help and then claim ignorance of the habitability requirements.
Most Georgia counties post the writ on the door 24 hours before execution. After execution, the landlord typically must allow a brief window for the tenant to retrieve personal property; counties vary on the specifics. Some metro counties (Fulton, Cobb, DeKalb) require placement of property on the curb rather than disposal. Some smaller counties allow same-day disposal. Always check with the executing officer (sheriff or marshal) before disposing of anything. Disposing without following local practice exposes the landlord to a separate conversion claim.
County resources.
Informational only, not legal advice. Consult a licensed Georgia attorney. Source attribution in the Sources band below.
