Eviction Laws in Alpharetta, Georgia
Alpharetta sits at the northern edge of Fulton County and has transformed over the past two decades from a quiet Atlanta suburb into one of the Southeast’s premier technology corridors. Branded as the “Technology City of the South,” Alpharetta is home to more than 700 tech companies — including major operations in fintech, cybersecurity, SaaS, and healthcare IT — drawing a steady pipeline of high-earning professionals who fuel a robust rental market. With a population of roughly 65,000 and a median household income well above the state average, Alpharetta’s tenant base skews toward corporate relocations, dual-income families, and young professionals willing to pay premium rents for access to top-rated schools and walkable mixed-use developments like Avalon and downtown Alpharetta.
Georgia’s landlord-friendly eviction framework applies in full here. Under O.C.G.A. § 44-7-50, once a landlord has made a demand for possession and the tenant refuses, the landlord files a Dispossessory Affidavit with Fulton County Magistrate Court. Since HB 404 took effect in July 2024, a written 3-business-day notice is required before filing for nonpayment — but holdover tenants and lease violators can be filed on immediately after the demand. Because Alpharetta falls within Fulton County, all filings go through the Fulton County Magistrate Court system in downtown Atlanta, not a local municipal court. Filing fees start at approximately $120 and include service costs. Georgia caps security deposits at two months’ rent, imposes no rent control, and the Fulton County Marshal’s Office executes Writs of Possession typically within one to two weeks of judgment.
Alpharetta & Fulton County — Local Rules That Affect Landlords
No rent control. Georgia state law preempts local rent regulation and Alpharetta has none.
Short-Term Rental Ordinance (January 2025). Alpharetta adopted its first STR ordinance in January 2025, requiring annual licensing through the Community Development Department for any rental under 30 consecutive days. STRs are restricted to single-family homes and approved accessory dwelling units — apartments, trailers, and similar structures are ineligible. Density caps limit STRs to one per residential lot or 5% of lots within a platted subdivision, whichever is greater. Violations carry fines and potential license revocation in municipal court. Long-term landlords benefit from these restrictions as they limit conversion of traditional rental inventory to short-term use.
HOA and Subdivision Restrictions. Alpharetta has a high concentration of master-planned communities and HOA-governed subdivisions. Many HOAs impose their own rental restrictions — minimum lease terms, tenant approval requirements, or outright rental caps. Before acquiring investment property in Alpharetta, landlords should review HOA covenants carefully, as violations can create enforcement complications that run parallel to any dispossessory action.
Corporate Relocation Lease Cycles. A significant share of Alpharetta’s rental demand comes from corporate relocations and contract workers on 12- to 18-month assignments. Holdover situations are common when assignments extend without lease renewal. Georgia law allows immediate filing after a demand for possession on holdover tenants — no additional notice period required beyond the demand itself.
Fulton County Magistrate Court — Where Alpharetta Landlords File
Alpharetta landlords file dispossessory actions at Fulton County Magistrate Court, located at 185 Central Avenue SW, Atlanta, GA 30303, phone (404) 613-5360, open Monday through Friday 8:30 a.m. to 5:00 p.m. File a Dispossessory Affidavit and pay the filing fee of approximately $120. The court issues a Dispossessory Warrant served by the Fulton County Marshal. The tenant has 7 days from service to file a written answer. If no answer is filed, request a default judgment on day 8. If answered, a hearing is typically scheduled within 10 to 30 days. A Writ of Possession is issued after a favorable ruling and the Fulton County Marshal’s Office schedules physical removal within 1 to 2 weeks. E-filing is available through the Magistrate Court’s Guide and File system. Self-help eviction — changing locks, removing belongings, or shutting off utilities without a court order — is illegal under O.C.G.A. § 44-7-14 and exposes landlords to significant damages claims.
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