🏛️ Courthouse Information and Locations for Georgia
Georgia Eviction Laws: Notice Requirements, Process, and Timelines
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.
Georgia Eviction Laws
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.
⚡ Quick Overview
💰 Nonpayment of Rent
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).
📋 Lease Violation
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).
📬 Service of Process
Dispossessory affidavit served by court officer. If tenant cannot be found, service by posting (tacking) is allowed.
🏛️ Court & Legal Information
Fulton County (Atlanta) has significant court backlogs. DeKalb County also slower than average.
⚖️ Appeals & Post-Judgment
Sheriff/marshal executes writ of possession. Landlord may change locks after.
📦 Tenant Property & Abandonment
Landlord should notify tenant and allow reasonable time to retrieve. No clear statutory timeline - best practice is written notice and 7-day hold.
🏦 Security Deposits
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.
💵 Late Fees
Must be in lease. No statutory limit but must be reasonable.
🛡️ Tenant Protections
State preempts local rent control
🏙️ Local Overrides & City-Specific Rules
Atlanta has additional tenant protections and notification requirements. Check city ordinances.
Underground Landlord📝 Georgia Eviction Process (Overview)
- Serve the required notice based on the eviction reason (nonpayment or lease violation).
- Wait for the notice period to expire. If tenant cures the issue (where allowed), the process stops.
- File an eviction case with the Magistrate Court. Pay the filing fee (~$75).
- Tenant is served with a summons and has the opportunity to respond.
- Attend the court hearing and present your case.
- If you prevail, obtain a writ of possession from the court.
- Law enforcement executes the writ and removes the tenant if necessary.
🏛️ Courthouse Information and Locations for Georgia
📊 Data Confidence
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
Underground Landlord
Georgia Evictions: Complete Landlord Guide (Updated January 2026)
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.
Overview: How Eviction Works in Georgia
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.
Important Georgia Update: “Safe at Home Act” Changes (HB 404)
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.
Pre-Filing Notice / Demand for Possession
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.
- Nonpayment of rent: provide a written demand/notice giving the tenant the required cure window (commonly described as three business days in current guidance tied to HB 404’s cure concept). The notice should state the amount owed, what period it covers, and that the landlord will file for eviction if not paid by the deadline.
- Lease violations: provide a written notice describing the breach and what is required to fix it (if curable). Some violations may justify immediate filing depending on severity, but verify your lease terms and local court practice.
Georgia Eviction Process Timeline (Step by Step)
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.
Tenant Defenses and Common Landlord Mistakes
- Skipped or defective demand/notice: failing to allow the cure period or failing to document service.
- Payment disputes: unclear ledgers or misapplied fees that make the “amount owed” contested.
- Habitability issues: HB 404’s habitability framing means landlords should take repair documentation seriously. Tenants may argue the landlord failed to keep the unit fit, especially if issues were reported and not addressed.
- Retaliation/discrimination claims: inconsistent enforcement can create risk.
- Accepting rent after filing: can complicate possession claims depending on timing and documentation.
Georgia Eviction Context (Late 2025–January 2026)
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.
Best Practices Checklist
- Use a written demand/notice and allow the required cure period.
- Keep a clean rent ledger and issue receipts consistently.
- Document service of notices and keep copies.
- Maintain repair logs, work orders, and photos (habitability matters).
- Never self-help; wait for the writ and the sheriff.