Georgia's eviction laws are among the more landlord-friendly in the Southeast — but only if you follow the rules exactly. One missed step, one improperly served notice, or one procedural error can send your case back to square one and cost you weeks of lost rent.
This guide covers the key provisions of Georgia eviction law every landlord and property manager needs to understand before starting the process.
The Legal Framework: Georgia's Dispossessory Statute
Georgia evictions are governed by the Dispossessory Statute, found in O.C.G.A. § 44-7-50 through § 44-7-59. Unlike some states that use the term "eviction," Georgia law calls the process a dispossessory proceeding — and that terminology matters when you're filing paperwork with the Magistrate Court.
The statute covers:
- Grounds for eviction
- Notice requirements
- Filing procedures
- Tenant rights to contest
- Writ of possession and set-out procedures
Legal Grounds for Eviction in Georgia
You cannot evict a tenant for any reason — Georgia law requires one of the following grounds:
Nonpayment of Rent This is the most common reason. If a tenant fails to pay rent when due, you have the right to demand possession and, if they don't comply, file a dispossessory affidavit with the court.
Holding Over When a lease expires and the tenant refuses to leave, they become a "tenant at sufferance." You can proceed with a dispossessory to reclaim your property.
Breach of Lease Terms If a tenant violates a material term of the lease — unauthorized occupants, pets in a no-pet unit, illegal activity — you may have grounds for eviction. Document the violation thoroughly before proceeding.
Tenant at Will Month-to-month tenants can be terminated with proper notice. Georgia law requires 60 days' notice to terminate a tenancy at will, though lease agreements may specify different terms.
Notice Requirements Before Filing
Before you can file anything with the Magistrate Court, you must serve the tenant with a Demand for Possession. This written notice must:
- Clearly state the reason for the demand (nonpayment, lease violation, etc.)
- Demand the tenant pay what's owed or vacate the premises
- Be properly served on the tenant
Georgia law allows several methods of service:
- Personal delivery — hand the notice directly to the tenant
- Tack and mail — post the notice on the door and mail a copy to the tenant's address
- Leaving with a resident — deliver to any adult residing at the property
Is There a Mandatory Waiting Period?
Georgia does not require a specific waiting period between serving the demand and filing the dispossessory — unlike many other states that require 3, 5, or 10 days. However, you must give the tenant a reasonable opportunity to comply before filing. In practice, most landlords wait at least 24–48 hours after service.
Filing the Dispossessory Affidavit
Once the demand period has passed without compliance, you can file a Dispossessory Affidavit with the Magistrate Court in the county where the property is located. The affidavit must state:
- The landlord's name and address
- The tenant's name and address
- The property address
- The grounds for dispossessory (nonpayment, holdover, etc.)
- The amount of rent owed (if applicable)
The Tenant's Right to Answer
Once served with the summons, the tenant has 7 days to file a written answer with the court contesting the dispossessory. If they file an answer, a hearing will be scheduled — typically within 2–3 weeks of the answer date.
What Happens at the Hearing?
Both parties present their case before a Magistrate Court judge. Common tenant defenses include:
- Claiming rent was paid
- Alleging the landlord failed to maintain habitable conditions
- Disputing the amount owed
- Claiming improper notice or service
If the tenant does not file an answer within 7 days, the court typically enters a default judgment in the landlord's favor without a hearing.
The Writ of Possession
If the court rules in your favor — either by default or after a hearing — it will issue a Writ of Possession. This is the court order that authorizes you to reclaim your property.
The writ is typically issued 7 days after judgment to give the tenant time to vacate voluntarily. If the tenant remains after the writ is issued, the county marshal or sheriff will physically remove them and their belongings from the property — a process known as the set-out.
Important: You cannot change the locks, remove the tenant's belongings, or shut off utilities before the writ is executed. Self-help evictions are illegal in Georgia and can expose you to significant liability.
Key Timelines to Know
Understanding the typical timeline helps you plan:
| Stage | Typical Timeframe | |---|---| | Serve demand for possession | Day 1 | | File dispossessory affidavit | Day 2–3 | | Tenant served by marshal | 3–7 days after filing | | Tenant answer deadline | 7 days after service | | Hearing (if contested) | 2–3 weeks after answer | | Writ of possession issued | 7 days after judgment | | Set-out (if tenant remains) | Scheduled by marshal |
Total timeline (uncontested): 3–4 weeks from filing to set-out Total timeline (contested): 5–8 weeks or longer
Common Mistakes That Delay Evictions
Even experienced landlords make errors that set their cases back. The most common:
Improper Notice Service Posting the notice on the wrong door, failing to mail a copy, or serving the wrong person can get your case dismissed before it starts.
Incorrect Affidavit Information Errors in the tenant's name, property address, or amount owed can delay processing or require refiling.
Accepting Partial Rent Accepting any rent payment after serving the demand — even a partial payment — can waive your right to proceed with the eviction for that period. Consult with an eviction professional before accepting any money from a tenant you're evicting.
Missing the Hearing If you fail to appear at a scheduled hearing, the court may dismiss your case. Keep all court dates on your calendar and confirm them in advance.
Attempting Self-Help Eviction Changing locks, removing belongings, or cutting utilities before the writ is executed is illegal in Georgia. Courts take this seriously and tenants can sue for damages.
How W.D.S. Eviction Service Helps
Navigating Georgia's dispossessory process correctly requires attention to detail at every step. W.D.S. Eviction Service handles the entire process for landlords and property managers across 28 metro Atlanta counties — from drafting and serving the initial demand to coordinating the final set-out.
Our team knows the local procedures, filing requirements, and timelines for every Magistrate Court in our service area. We handle the paperwork, the filings, and the coordination so you can focus on your properties.
If you have a tenant situation that needs to be resolved, call us at (404) 795-5069 for a consultation. We'll walk you through your options and get the process started.
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