One of the first questions every landlord asks is: how long is this going to take?
The honest answer is that a Georgia eviction — called a dispossessory — can move surprisingly fast when everything goes smoothly, or stretch out significantly when a tenant contests the case. Understanding the timeline helps you set realistic expectations, protect your rental income, and make smart decisions at every step.
Here is a realistic, week-by-week breakdown of the Georgia dispossessory process.
The Short Answer: 3 to 8 Weeks (Uncontested)
For an uncontested eviction — where the tenant does not file an answer with the court — most Georgia landlords can expect the process to take three to five weeks from the demand notice to the set-out date.
If the tenant contests the case and requests a hearing, add another two to four weeks depending on the court's docket.
Here is how those weeks break down.
Week 1: The Demand Notice
Before you can file anything with the court, Georgia law requires you to serve the tenant with a written demand for possession. This is sometimes called a "demand letter" or "notice to vacate."
Key facts about the demand notice:
- There is no statutory waiting period specified in Georgia's dispossessory statute — the demand can be served and the filing can follow immediately
- The notice must be properly served: hand-delivered to the tenant or a resident of suitable age, or posted on the door if no one answers
- The notice must clearly state that you are demanding possession of the property
If they do not vacate or pay, you move to the filing stage.
Week 1–2: Dispossessory Filing
Once the demand has been served and the tenant has not complied, you file a dispossessory affidavit with the Magistrate Court in the county where the property is located.
The filing fee varies by county — typically between $75 and $100 — and the court issues a summons to the tenant.
What happens after filing:
- The court issues a summons requiring the tenant to respond within 7 days of being served
- The sheriff's office or a process server serves the summons on the tenant
- Service can take a few days to a week depending on the county and the tenant's availability
Week 2–3: The Tenant's Response Window
After the summons is served, the tenant has 7 days to file a written answer with the court.
Two outcomes:
1. Tenant does not answer (most common) If the tenant does not file an answer within 7 days, you can request a writ of possession immediately. The court enters a default judgment in your favor. This is the fastest path — you can often have a writ in hand within a few days of the answer deadline passing.
2. Tenant files an answer If the tenant contests the case, the court schedules a hearing. Depending on the court's docket, this hearing is typically set 7 to 21 days out. This adds two to four weeks to your timeline.
Week 3–4: Default Judgment or Hearing
If uncontested: The court enters a default judgment and issues the writ of possession. You are now authorized to schedule the set-out with the marshal or sheriff.
If contested: A hearing is held before a Magistrate Court judge. Both parties present their case. Common tenant defenses include:
- Habitability issues (the property was not in livable condition)
- Improper notice or service
- Payment disputes
- Retaliation claims
Note: Tenants can appeal a Magistrate Court ruling to Superior Court, which can extend the timeline by weeks or months. Appeals are less common but do happen.
Week 4–6: Writ of Possession and Set-Out Scheduling
Once the writ of possession is issued, the clock is running. The writ authorizes the marshal or sheriff to physically remove the tenant and their belongings from the property.
Scheduling the set-out:
- You contact the marshal's office to schedule the set-out date
- Wait times vary by county — some counties schedule within a week, others have backlogs of two to three weeks
- You are typically required to have a crew on-site to move the tenant's belongings to the curb
What Can Slow Down Your Eviction
Several factors can extend the timeline beyond the typical three-to-five-week window:
Contested cases — A tenant who files an answer adds two to four weeks minimum. An appeal to Superior Court can add months.
Service delays — If the tenant is difficult to serve, the process stalls. The court cannot issue a summons until service is confirmed.
Court docket backlogs — High-volume courts like Fulton County Magistrate can have longer scheduling windows for hearings.
Errors in the filing — A dispossessory affidavit with incorrect information — wrong address, wrong tenant name, improper grounds — can result in dismissal and require you to start over.
Marshal scheduling — Set-out scheduling depends on the marshal's availability. Some counties have backlogs, especially in high-eviction periods.
What Can Speed It Up
Proper notice from the start — A correctly served demand notice with clear grounds eliminates one of the most common reasons cases get dismissed or delayed.
Accurate filing — Filing the dispossessory affidavit correctly the first time avoids dismissals and re-filings.
Prompt writ request — As soon as the tenant's answer window closes without a response, request the writ immediately. Do not wait.
Ready set-out crew — Have your crew lined up before the set-out date is scheduled so you can take the first available slot.
The Full Timeline at a Glance
| Stage | Typical Duration | |---|---| | Demand notice served | Day 1 | | Dispossessory filed | Day 1–7 | | Summons served on tenant | Day 3–10 | | Tenant answer window | 7 days after service | | Default judgment (uncontested) | Day 14–21 | | Hearing scheduled (contested) | Day 21–35 | | Writ of possession issued | Day 21–42 | | Set-out scheduled and completed | Day 28–56 |
The Bottom Line
A Georgia eviction is not instant, but it is one of the more landlord-friendly processes in the Southeast when handled correctly. Most uncontested cases resolve in three to five weeks. The biggest delays come from contested hearings, service problems, and filing errors — all of which are avoidable with the right process in place.
W.D.S. Eviction Service manages every step of the dispossessory process for landlords and property managers across 28 Georgia counties — from the demand notice through the final set-out. If you have a problem tenant and need to move quickly, call us at (404) 795-5069 or use our contact form to get started.
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