Eviction Laws in Marietta, Georgia
Marietta is the county seat of Cobb County and one of the largest and most established suburbs in metro Atlanta, with a population exceeding 65,000 and a broader Cobb County population of 770,000. Sitting just 20 miles northwest of downtown Atlanta along the I-75 corridor, Marietta combines a charming historic downtown square with the economic firepower of major employers that include Lockheed Martin Aeronautics (8,000+ employees producing the F-35 and C-130J), WellStar Health System (headquartered in Marietta with over 20,000 employees systemwide), Dobbins Air Reserve Base, and proximity to The Home Depot’s corporate headquarters. That employer density, combined with the highly rated Cobb County School District and relatively affordable rents compared to closer-in Atlanta neighborhoods, creates one of the most active rental markets in the northwest metro area — roughly 56% of Marietta households rent.
Georgia’s landlord-friendly eviction framework applies in full. 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 Cobb 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. As the county seat, Marietta landlords have the advantage of filing at the courthouse right in the city. Cobb County processes a high volume of dispossessory cases but maintains well-organized calendars. Filing fees are approximately $70. The Cobb County Marshal’s Office handles service and execution of Writs of Possession. Georgia caps security deposits at two months’ rent and imposes no rent control.
Marietta & Cobb County — Local Rules That Affect Landlords
No rent control. Georgia state law preempts local rent regulation and Marietta has none.
Defense and Aerospace Workforce. Lockheed Martin’s Marietta campus is one of the largest aerospace manufacturing facilities in the world, and Dobbins Air Reserve Base adds thousands of military and civilian positions. These employers create a tenant base that includes defense engineers, manufacturing workers, military reservists, and contract employees. Many defense workers hold security clearances, which means an eviction on their record can have professional consequences — this tends to make defense-industry tenants highly motivated to resolve disputes before they reach court. However, contract workers on temporary defense assignments can create holdover situations when contracts end unexpectedly.
WellStar Healthcare Demand. WellStar Kennestone Hospital — the busiest emergency room in Georgia — and WellStar’s corporate headquarters in Marietta generate significant rental demand from healthcare workers at all levels, from traveling nurses on short-term assignments to administrative staff and physicians. Traveling nurse leases are typically 13-week contracts with renewal options. Landlords renting to traveling healthcare workers should include clear lease-end provisions and understand that these tenants may relocate with short notice when assignments end.
Marietta Square and Downtown Revitalization. The Marietta Square has undergone significant revitalization, with new restaurants, shops, a renovated theater, and mixed-use residential development drawing young professionals and empty-nesters who want walkable urban living without Atlanta prices. Rental demand near the Square commands premium rents — properties within walking distance fill quickly and experience lower vacancy than comparable units further from downtown.
Diverse Tenant Base. Marietta’s rental population is notably diverse, with significant Hispanic and immigrant communities concentrated along the South Cobb Drive and Franklin Gateway corridors. Georgia law does not require bilingual lease documents or notices, but landlords operating in South Marietta’s international corridors benefit from providing bilingual materials to reduce procedural challenges in court.
County Seat Advantage. Because Marietta is the Cobb County seat, the courthouse is right in town — Cobb County Magistrate Court at 32 Waddell Street is steps from the Marietta Square. This is a practical advantage for local landlords who don’t have to drive to another city to file or attend hearings.
Cobb County Magistrate Court — Where Marietta Landlords File
Marietta landlords file dispossessory actions at Cobb County Magistrate Court, located at 32 Waddell Street, Marietta, GA 30090, phone (770) 528-8900, open Monday through Friday 8:00 a.m. to 5:00 p.m. File a Dispossessory Affidavit and pay the filing fee of approximately $70. The court issues a Dispossessory Warrant served by the Cobb 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 28 days. A Writ of Possession is issued after a favorable ruling and the Marshal’s Office schedules physical removal within 1 to 2 weeks. 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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