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Evictions

🏡 Georgia Eviction Process: A Landlord's Guide

The legal eviction process in Georgia is formally known as a Dispossessory Proceeding and must be strictly followed to legally remove a tenant. Self-help evictions (like changing locks, shutting off utilities, or removing property) are illegal in Georgia.

Step 1: Establish Legal Grounds and Provide Notice

A landlord must have a legally valid reason for eviction. The type of notice required depends on the reason.

Reason for Eviction Required Notice Georgia Law Details
Non-Payment of Rent 3-Day Notice to Pay or Quit GA Code  44-7-50(c) The notice must give the tenant three business days to pay the past-due rent and other charges or vacate the property. This is a recent change (H.B. 404/Safe at Home Act) establishing a mandatory grace period/notice.
Lease Violation Reasonable Notice (Often 3-7 days) GA Code  44-7-50(a) Georgia law does not specify a fixed notice period for lease violations. Landlords should provide a written demand for possession, giving the tenant a reasonable time (e.g., 3-7 days, depending on the lease) to correct the violation or vacate.
Non-Renewal/Holdover (Month-to-Month) 60-Day Notice to Vacate GA Code  44-7-7 If the tenant is on a month-to-month lease, the landlord must provide a minimum of 60 days' written notice to terminate the tenancy.
Illegal Activity Immediate Notice N/A In cases of severe violations or criminal activity, the landlord may demand possession immediately before filing.

Important Notice Rule: Always deliver the notice in a way that provides a record (e.g., Certified Mail, or a method specified in the lease). Keep copies of all documentation.

Step 2: File a Dispossessory Affidavit

If the tenant fails to comply with the notice or demand for possession, the landlord can proceed with legal action.

  • File Complaint: The landlord must file a sworn Dispossessory Affidavit (a formal eviction complaint) with the Magistrate Court in the county where the rental property is located.

  • Required Information: The affidavit must include the names and addresses of both parties, the specific reason for eviction, and the amount of rent owed, if applicable.

  • Filing Fee: A filing fee will be required (fees vary by county).

Step 3: Serve the Tenant

After filing, the court will issue a Summons and a copy of the Dispossessory Affidavit.

  • Service Requirement: These official documents must be served on the tenant by a court official (Sheriff or Marshal) or a court-approved private process server. The landlord cannot serve the tenant themselves.

  • Methods of Service: Service is generally completed by:

    • Personal Service: Handing the documents directly to the tenant.

    • Substituted Service: Delivering to an adult residing at the property.

    • Tack and Mail: Posting the documents on the door and mailing a copy by first-class mail (if personal service fails).

Step 4: Tenant's Response and Court Hearing

The tenant must officially respond to the court filing within a specific timeframe.

  • Tenant's Answer Time: The tenant has exactly seven (7) calendar days from the date they were served to file a written Answer with the Magistrate Court.

    • Note: If the 7th day falls on a weekend or holiday, the deadline is extended to the next business day.

  • Default Judgment: If the tenant fails to file an Answer within seven days, the landlord may request a Default Judgment and a Writ of Possession from the court.

  • Contested Case: If the tenant files an Answer, the court will schedule a hearing (trial). This typically occurs within 10 to 30 days of the tenant's response. Both the landlord and the tenant must appear.

Step 5: Court Judgment and Writ of Possession

  • Judgment: If the judge rules in favor of the landlord, the court will issue an order for possession and may also grant a money judgment for rent owed, late fees, and court costs.

  • Writ of Possession: A Writ of Possession is the legal document that authorizes the physical removal of the tenant and their property. The court will typically issue this document seven (7) days after the judgment is entered.

Step 6: Enforce the Writ of Possession

  • Sheriff's Involvement: The landlord must deliver the Writ of Possession to the local County Sheriff's or Marshal's office for execution.

  • Physical Eviction: The Sheriff/Marshal will schedule the physical eviction and will inform the tenant of the final date to vacate (usually giving 24 to 72 hours' notice).

  • Landlord Presence: The landlord or their agent must be present at the time of the physical eviction to take back possession of the rental unit.

⚖️ Landlord Best Practices

  • Document Everything: Keep a detailed, organized file with the lease agreement, payment records, copies of all notices, and any communication (texts, emails) with the tenant.

  • Do Not Accept Partial Rent (Post-Filing): Accepting partial payment after filing the Dispossessory Affidavit may be viewed by the court as reinstating the tenancy, potentially forcing you to restart the eviction process.

  • Never Use Self-Help: Only the Sheriff or Marshal is authorized to remove a tenant. Do not attempt to change the locks, cut off utilities, or remove the tenant's belongings yourself.

  • Abandoned Property: Georgia law allows a landlord to dispose of property left behind after an official eviction is executed. While not required, best practice is to document the property and attempt to contact the former tenant.