Georgia handles evictions through Magistrate Court (for claims under $15,000) or State/Superior Court for larger amounts, using a process called “dispossessory.” Georgia recently updated its notice requirements—as of 2024, landlords must now provide a 3-day notice for nonpayment of rent under HB 404, replacing the old immediate demand system. Lease violations also require notice before filing. Georgia remains a landlord-friendly state with relatively quick timelines once you’re in court. Below you’ll find the key details every Georgia landlord needs to know.
Comprehensive guide to Georgia's eviction process, including notice requirements, timelines, court procedures, costs, tenant protections, and landlord rights. Cases are typically filed in Magistrate Court.
As of July 1, 2024 (HB 404 "Safe at Home Act"), landlords must provide a 3-business-day written notice to vacate or pay before filing a dispossessory for nonpayment. Tenant can tender all rent owed within 7 days of service of the dispossessory summons to avoid eviction (once per 12-month period per O.C.G.A. §44-7-52(a)). Filing fees vary by county ($60-$78 typical).
Georgia does not mandate a specific statutory cure period for non-rent lease violations. Landlord makes a demand for possession, then files dispossessory if tenant refuses. However, the tenant has 7 days from service of the dispossessory summons to file an answer. Per O.C.G.A. §44-7-55, property left after eviction is considered abandoned immediately - no storage obligation. Filing fees vary by county ($60-$78 typical).
Dispossessory affidavit served by court officer. If tenant cannot be found, service by posting (tacking) is allowed.
Fulton County (Atlanta) has significant court backlogs. DeKalb County also slower than average.
Sheriff/marshal executes writ of possession. Landlord may change locks after.
Landlord should notify tenant and allow reasonable time to retrieve. No clear statutory timeline - best practice is written notice and 7-day hold.
Must provide move-in inspection list. Must return within 30 days with itemized deductions. Applies to properties with 10+ units or if landlord uses property manager.
Must be in lease. No statutory limit but must be reasonable.
State preempts local rent control
Atlanta has additional tenant protections and notification requirements. Check city ordinances.
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ℹ️ Filing fees are approximate and may change - verify with local court clerk before filing | ℹ️ Eviction timelines are estimates - actual duration varies by county caseload, tenant response, and case complexity
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Disclaimer: General educational information only, not legal advice. Georgia eviction practice can vary by county and magistrate court procedures. Consult a qualified Georgia attorney for legal advice.
Georgia evictions are usually filed as dispossessory proceedings in magistrate court. The core goal is possession. Many landlords also request unpaid rent and damages, but the possession track is what enables removal.
Georgia does not permit self-help eviction. Changing locks, shutting off utilities, or removing property without a writ is not the lawful path. Physical removal happens only after a writ of possession is issued and the sheriff enforces it.
Georgia enacted the Safe at Home Act (House Bill 404), which introduced statewide protections including a clearer habitability framework and a three-day right to cure for certain nonpayment situations before a landlord can file in court. In practical terms, Georgia landlords should treat the pre-filing demand as a formal written notice and allow the required cure period before filing a dispossessory affidavit.
Practical impact: This change reduces the old “oral demand” culture. Landlords should use a written demand/notice, document delivery, and wait out the cure window before filing. If you skip this step, your filing may be vulnerable to dismissal or delay.
Georgia’s dispossessory process begins with a demand for possession. Historically, this demand could be oral, but modern practice (and the post-HB 404 environment) strongly favors a written demand that is documented.
Step 1 – Serve the demand/notice and document it. Keep a copy of the notice and a record of service (photo of posted notice, certificate of service, email or text confirmation where appropriate, and dated notes).
Step 2 – File the dispossessory affidavit. If the tenant does not pay or vacate, the landlord files in magistrate court. The court issues a summons and the tenant is served.
Step 3 – Tenant answer window (fast!). Georgia is quick. Tenants typically have a short period to answer after service. If the tenant does not answer, the landlord may obtain a default judgment for possession.
Step 4 – Hearing if answered. If the tenant answers, the court schedules a hearing. The landlord must prove the right to possession and any money claims. Bring the lease, ledger, notices, proof of service, photos, and repair documentation if relevant.
Step 5 – Writ of possession and sheriff enforcement. If the landlord wins, the court issues a writ of possession. There is typically a short waiting period before enforcement. The sheriff schedules and conducts the set-out/lockout. Only the sheriff can physically remove the tenant.
1) Courts still move fast, but paperwork matters more now. Georgia remains relatively fast compared with many states, but the pre-filing notice step is now a bigger “gate” that landlords must respect.
2) Rising housing cost pressure. Many Georgia markets have seen rent growth and affordability pressure, which often correlates with higher eviction filing pressure. In practice, this means landlords may see more “partial payment” scenarios and more negotiation attempts before filing.
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