If you're a landlord or property manager in Georgia dealing with a non-paying or problem tenant, understanding the dispossessory process is essential. Georgia has specific legal requirements at every stage, and skipping a step — or doing it incorrectly — can delay your case by weeks.
Here's a plain-language breakdown of how the process works from start to finish.
Step 1: Serve a Demand for Possession
Before you can file anything with the court, you must give the tenant written notice demanding they pay overdue rent or vacate the property. This is commonly called a "demand for possession" or "notice to quit."
Georgia law does not specify a mandatory waiting period after this notice before you can file — but the notice must be properly served. Improper service is one of the most common reasons cases get dismissed early.
Step 2: File a Dispossessory Affidavit
Once the demand has been served and the tenant has not complied, you can file a dispossessory affidavit with the Magistrate Court in the county where the property is located. This affidavit states the grounds for eviction — typically nonpayment of rent, holding over after lease expiration, or lease violations.
Filing fees vary by county. The court will then issue a summons to the tenant.
Step 3: Tenant Is Served the Summons
The court issues a summons to the tenant, typically served by the Marshal or Sheriff. The tenant has seven days from the date of service to file a written answer contesting the eviction.
Step 4: Tenant Answers (or Doesn't)
If the tenant does not file an answer within seven days, you can request a default judgment. The court will typically rule in your favor without a hearing.
If the tenant does file an answer, the case is set for a hearing before a judge or magistrate. This is where having proper documentation and legal coordination matters most.
Step 5: The Hearing
At the hearing, both parties present their case. The judge reviews the evidence — lease agreement, payment records, notices served — and issues a ruling. If the ruling is in your favor, the court issues a writ of possession.
W.D.S. Eviction Service coordinates answer and hearing scheduling when a tenant contests the case, so you're not navigating the process alone.
Step 6: Writ of Possession
A writ of possession is the court order that gives you the legal right to reclaim your property. Once issued, the Marshal or Sheriff can enforce it.
Step 7: The Set-Out
The final step is the physical set-out — the Marshal or Sheriff removes the tenant and their belongings from the property. You must be present or have a representative present. The tenant's belongings are typically placed on the curb or in a designated area.
How Long Does It Take?
In Georgia, an uncontested eviction can move from filing to set-out in as little as 3–4 weeks if everything is filed correctly and the tenant doesn't answer. Contested cases take longer, depending on court scheduling.
Every day a non-paying tenant stays in your property costs you money. Moving quickly — and correctly — is critical.
Let W.D.S. Handle It
W.D.S. Eviction Service manages every step of this process across 28 Georgia counties. From drafting the initial notice to coordinating the final set-out, we keep your case moving and keep you informed.
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