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.
How Long Does It Take? It Depends.
There is no single answer — Georgia eviction timelines vary based on the county where the property is located, how quickly the court schedules hearings, how long service takes, whether the tenant files an answer, and how backed up the marshal's office is when it comes time to schedule the set-out.
That said, here is a realistic range:
- Uncontested case: roughly 4 to 8 weeks from demand notice to set-out, depending on county and marshal scheduling
- Contested case (tenant files an answer): add 2 to 4 weeks for a hearing, more if the tenant appeals
High-volume courts like Fulton and DeKalb can have longer scheduling windows. Smaller counties sometimes move faster — but not always. The steps below reflect the typical sequence; your actual timeline will depend on local court conditions.
Here is how the process breaks 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
In practice, most landlords give the tenant a few days to respond before filing. If the tenant pays in full during this window (for a nonpayment case), the matter ends here.
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
This is where county matters. Fulton, DeKalb, and Gwinnett courts handle high volumes and have established processes. Smaller counties may move faster or have less predictable scheduling.
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
If you win at the hearing, the court issues the writ of possession. If the tenant loses and still does not vacate, you proceed to the set-out.
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
Set-out day: The marshal or deputy arrives at the property. If the tenant has not vacated, law enforcement oversees the removal. The tenant's belongings are placed outside. You regain possession of the property.
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
These are typical ranges — actual timing varies by county, court docket, service speed, and marshal availability.
| Stage | Typical Duration |
|---|---|
| Demand notice served | Day 1 |
| Dispossessory filed | Day 1–7 |
| Summons served on tenant | Day 3–14 (varies by county) |
| Tenant answer window | 7 days after service |
| Default judgment (uncontested) | Day 14–28 |
| Hearing scheduled (contested) | Day 21–42 (depends on court docket) |
| Writ of possession issued | Day 21–49 |
| Set-out scheduled and completed | Day 28–70+ (marshal availability varies) |
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 (678) 837-3667 or use our contact form to get started.
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