Demand for possession
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.
Uncontested: 14–30 days · Contested: 45–90 days · Under O.C.G.A. § 44-7 (Landlord and Tenant)
The Georgia eviction process requires a court-ordered judgment before a landlord can remove a tenant. Timeline figures below begin after the pre-filing notice period expires and the landlord files the complaint with the court. Add 3–60+ days for the applicable pre-filing notice period (pay-or-quit, cure-or-quit, or no-fault) depending on the eviction reason.
| Uncontested eviction (after filing) | 14–30 days | O.C.G.A. § 44-7 (Landlord and Tenant) |
| Contested eviction (after filing) | 45–90 days | O.C.G.A. § 44-7 (Landlord and Tenant) |
| Pre-filing notice: Nonpayment of rent | 3 days | O.C.G.A. § 44-7-50 |
| Pre-filing notice: Holdover, no-cause | 60 days | O.C.G.A. § 44-7-7 |
| Pre-filing notice: Material lease violation | 3 days | O.C.G.A. § 44-7-50 |
| Pre-filing notice: End of lease term | 0 days | O.C.G.A. § 44-7-50 |
| Court filing fee | $60–$250 | O.C.G.A. § 44-7 (Landlord and Tenant) |
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.
Informational only, not legal advice. Consult a licensed Georgia attorney. Source attribution in the Sources band below.