Eviction Process In Georgia

Evicting a tenant in Georgia means following Dispossessory proceeding in Magistrate Court exactly, start to finish. Skipping a step, whether it's the notice period, how the tenant is served, or the lockout procedure, can restart the clock or expose a management company to liability. This guide walks through each step with the statute or court rule behind it.

Everything below is sourced to Georgia's own statutes and court self-help pages. Specific deadlines and dollar figures do change, so confirm the current text before you rely on a date in a live case.

Overview Of The Eviction Process

Georgia residential evictions are called dispossessory proceedings, governed by O.C.G.A. Title 44, Chapter 7, Article 3, and are commonly filed and heard in the Magistrate Court of the county where the property is located.

• Eviction in Georgia is legally known as a dispossessory proceeding, and the Georgia Courts self-help resources direct tenants and landlords to this process. (O.C.G.A. Title 44, Ch. 7, Art. 3)
• Dispossessory cases are filed and heard in the county Magistrate Court, commenced by a dispossessory affidavit/warrant sworn by the landlord or authorized agent.

Lawful Grounds For Eviction

Georgia's dispossessory statute covers holdover, tenancy-at-will, tenancy-at-sufferance, nonpayment, and other lease breaches.

• Dispossessory grounds include a tenant holding over, a tenant at will, a tenant at sufferance, one not paying rent as it becomes due, or one otherwise breaching the conditions of the rental agreement.
• Before filing, the landlord must first have made a demand for possession of the premises.

Notice Requirements

A demand for possession is a statutory prerequisite to filing a dispossessory action; once the tenant refuses or fails to give up possession after the demand, the landlord may file. Any additional timing comes from the lease, so spell notice terms out there and confirm specifics with counsel.

• A landlord must have made a demand for possession of the premises prior to commencement of a dispossessory proceeding; O.C.G.A. §44-7-50 is the governing citation for this demand requirement. (O.C.G.A. §44-7-50)

Filing The Case

The dispossessory affidavit is filed under oath with the Magistrate Court of the county where the property sits.

• A dispossessory complaint is filed as an affidavit under oath by the property owner (or authorized agent) with the Magistrate Court.
• The dispossessory affidavit/warrant forms used for self-represented litigants are referenced through Georgia's Council of Magistrate Court Judges, linked from the Georgia Courts self-help page.

Serving The Tenant

The county's Marshal (or equivalent officer) serves the dispossessory affidavit on the tenant.

• In Fulton County, the Marshal's Department serves the dispossessory affidavit on the tenant.

The Tenant's Response

Tenants have a short, defined window to answer once served, after which a default eviction may be sought.

• Once a tenant has been served with the dispossessory affidavit, the tenant has seven days from the date of service to file an answer.
• The seven-day answer deadline is confirmed statewide by Georgia Courts, which notes the deadline shifts if it falls on a weekend or holiday.
• If no answer is filed, the landlord may request a (default) eviction on the eighth day after service.

Hearing And Judgment

If the tenant answers, the Magistrate Court schedules a hearing; otherwise the landlord may obtain a default writ.

• If an answer is filed, a court date is scheduled and notice of the hearing is mailed to the parties.

The Writ And Lockout

Once a writ of possession issues, the landlord has a limited window to request execution; confirm the specific removal and lockout procedure and any property-disposal rules with the sheriff's office or counsel.

• Once a writ of possession is issued, the landlord must request eviction (execution of the writ) within thirty days of the date of issuance. (O.C.G.A. §44-7-55)

Prohibited Practices

Georgia Courts' own self-help materials state plainly that a landlord cannot evict without a court-issued eviction warrant.

• If the landlord does not obtain an eviction warrant (writ) from the court, the landlord cannot evict the tenant, even if rent has not been paid.

Eviction is the last step in a relationship that's already gone wrong. See our guide to Georgia property management laws and regulations for the licensing, disclosure, and trust-account rules that apply before it gets to this point.

Doing It By The Book

Self-help evictions, changing locks, removing doors, shutting off utilities, are illegal in every state and expose a management company to real liability regardless of how clear the nonpayment is. The court process exists because it's the only lawful way to remove a tenant, and skipping a step (a defective notice, bad service) is the single most common reason a case gets dismissed and restarted from day one.

This guide is a starting point for professional managers, not legal advice. For a specific case, a contested filing, or anything unusual, work with a Georgia attorney, and confirm the current text of any rule cited above with Magistrate Court or the Georgia legislature.

Sources

Every fact above is drawn from one of the official sources below.

• O.C.G.A. Title 44, Ch. 7, Art. 3, Georgia Courts, Access to Justice self-help resources, Landlord/Tenant
• O.C.G.A. §44-7-50, Fulton County Magistrate Court, Landlord-Tenant (Dispossessory) page