The Georgia Eviction Process: A Step-by-Step Dispossessory Guide for Landlords
Demand for Possession · Dispossessory Affidavit · Magistrate Court · The 7-Day Answer · Writ of Possession · The Set-Out
Georgia’s eviction process is called a dispossessory, and it is one of the faster and more landlord-accessible procedures in the country — but it still runs entirely through the Magistrate Court, and a landlord who cuts a corner still loses time and money. The sequence is orderly: confirm you have valid grounds, make a demand for possession, file the dispossessory affidavit in Magistrate Court, serve the tenant, let the seven-day answer window run, win at the hearing or by default, obtain the writ of possession, and let the marshal or sheriff carry out the set-out. Skip the demand, take rent after it, or try to change the locks yourself, and a Georgia judge can throw the case out or hand the tenant a claim against you. This guide walks the entire Georgia dispossessory end to end, flags the mistakes that stall cases, and shows the one step that prevents most evictions altogether: thorough screening before you hand over the keys.
Eviction in Georgia is not a landlord action — it is a court proceeding called a dispossessory, decided by a Magistrate Court judge and enforced by the county marshal or sheriff. The governing law is the Official Code of Georgia Annotated, Title 44, Chapter 7, Article 3 — O.C.G.A. sections 44-7-49 through 44-7-59 — which sets the demand requirement, the filing and service rules, the seven-day answer, and the writ of possession. Georgia has no statewide just-cause requirement and no statewide rent control, which is why the process moves quickly compared with tenant-protective states. Even so, the demand, the service, and the documentation must be right, and the specific figures here should always be checked against the current O.C.G.A. Title 44, Chapter 7, because statutes and local court practices change.
The short overview video below walks the general eviction sequence that Georgia follows; the sections that follow break down each Georgia-specific stage in detail — the demand for possession, the dispossessory filing, service, the seven-day answer and the tender defense, the hearing, and the writ — plus realistic timelines, costs, the tenant defenses you should expect, the landlord mistakes that lose cases, and the screening step that keeps most owners out of court entirely.
The Georgia Eviction Process at a Glance
Core Steps
Demand → File Dispossessory → Serve → 7-Day Answer → Hearing → Writ → Set-Out
Typical Timeline
3 to 5 weeks uncontested; 6 to 10 weeks contested
Court
Magistrate Court, county of the property
Who Removes
Marshal or sheriff only — never you
How Georgia Eviction Law Is Different
Before the first demand goes out, it helps to understand what makes Georgia distinct. Two features stand out. First, Georgia does not impose a fixed statutory notice period for nonpayment the way most states do. Instead, O.C.G.A. section 44-7-50 requires a demand for possession — which may be oral or written — and once the tenant fails to pay or hand over the property, the landlord may file the dispossessory without waiting out any statutory number of days. Second, Georgia has no statewide just-cause requirement and no statewide rent control, so for most private rentals a landlord may evict for nonpayment, a lease breach, or holding over, and may decline to renew a lease with proper notice.
The practical consequence is that Georgia is genuinely faster than tenant-protective states, but it is not lawless. The demand for possession is a real, enforceable prerequisite — skip it and the dispossessory can be dismissed. The Magistrate Court is informal and does not require a lawyer, which is why many small Georgia landlords handle uncontested cases themselves. But an informal court is still a court, and the same documentation discipline that wins a case in a slow state wins it faster here: a clean demand record, proper service, and a rent ledger decide most dispossessory outcomes.
Self-Help Eviction Is Unlawful in Georgia
No matter how far behind the tenant is, you may never take matters into your own hands. Changing the locks, removing the tenant’s belongings, or shutting off electricity, water, gas, or heat to force a tenant out is unlawful in Georgia. A landlord who suspends a tenant’s utility service before the final judgment in a dispossessory violates O.C.G.A. section 44-7-14.1 and can be fined up to five hundred dollars, and a tenant can sue for the damages a wrongful self-help eviction causes. Only the county marshal or sheriff, acting on a writ of possession, may remove a tenant. When in doubt, do nothing until you hold that writ.
Takeaway
Georgia skips the fixed statutory notice period most states require, replacing it with a demand for possession under O.C.G.A. section 44-7-50, and imposes no statewide just cause or rent control. That makes it fast — but the demand, proper service, and documentation are still mandatory, and self-help is still unlawful.
Step 1: Confirm Valid Grounds
Before making any demand, confirm that your reason to evict is legally recognized. Because Georgia has no statewide just-cause requirement for most private rentals, the grounds are broader than in tenant-protective states, but you still need a real, documentable basis, and the grounds shape how you word the demand.
Recognized Grounds in Georgia
| Ground | What It Covers |
|---|---|
| Nonpayment of rent | The tenant has failed to pay rent when it came due under the lease or oral agreement. |
| Lease violation | A breach of a material lease term, such as an unauthorized occupant, an unauthorized pet, or a prohibited use of the premises. |
| Holdover | The tenant remains after the lease term ends or after a properly terminated month-to-month tenancy. |
| End of a month-to-month tenancy | Terminating an at-will or month-to-month tenancy with the notice Georgia law requires before demanding possession. |
| Damage, nuisance, or illegal activity | Substantial damage beyond ordinary wear, a maintained nuisance, or criminal activity on the premises. |
Terminating a Month-to-Month Tenancy First
If there is no fixed-term lease and you simply want the tenant out, you generally must first terminate the at-will or month-to-month tenancy with the notice Georgia law requires, and only then, if the tenant holds over, make the demand for possession and file the dispossessory. The termination notice and the demand for possession are two different steps. For the notice periods that apply to ending a Georgia tenancy, see our Georgia lease termination laws guide, and verify the current O.C.G.A. provisions, because the required periods are set by statute.
Grounds You Cannot Use
An eviction cannot rest on a tenant’s race, color, religion, national origin, sex, familial status, or disability, or any other class protected by the federal Fair Housing Act. Nor may you evict in retaliation for a tenant exercising a legal right, such as complaining to a government agency about a housing-code violation or asserting rights under the lease; O.C.G.A. section 44-7-24 restricts retaliatory conduct against tenants. A retaliatory or discriminatory motive can turn a routine dispossessory into a losing case and a counterclaim, so make sure the grounds are legitimate and contemporaneously documented.
Takeaway
Georgia allows eviction for nonpayment, a lease violation, or holding over, with no statewide just-cause hurdle — but a month-to-month tenant usually must be given the required termination notice first, and you can never evict on a discriminatory or retaliatory motive under O.C.G.A. section 44-7-24.
Step 2: Make the Demand for Possession
The demand for possession is the Georgia step that replaces the fixed-day notice used elsewhere, and it is a genuine prerequisite: under O.C.G.A. section 44-7-50, the landlord must demand possession before filing, and a dispossessory filed without a proper demand can be dismissed. The demand may be made orally or in writing, and there is no statutory waiting period that must pass between the demand and the filing. In practice, however, a written demand is far easier to prove, and most Georgia landlords use one.
How to Make a Demand That Holds Up
Put the demand in writing
Although the statute allows an oral demand, a written demand is your proof that the pre-suit requirement was met. State that you demand possession of the property, and, for nonpayment, the exact rent amount owed and that the tenant must pay it or surrender possession.
Give a short, reasonable window
Georgia sets no required number of days, but a brief window — commonly three to seven days — is customary and reads as reasonable. The window is practice, not a statutory rule, so do not confuse it with a mandatory notice period.
Deliver it and keep proof
Hand-deliver the demand or send it by a method you can prove, such as certified mail. Keep a copy of the demand and the proof of delivery — this is the evidence that the demand was made before you filed.
Do not accept rent that waives the demand
Accepting rent after the demand can be treated as a waiver that undoes it and forces you to start over. If you accept any payment, do so only with a clear written reservation of your right to proceed.
Oral vs. Written Demand
Georgia law permits an oral demand for possession, and some landlords rely on one. The problem is proof: if the tenant later denies that a demand was ever made, an oral demand can be hard to establish, and a shaky demand record is an easy defense. A written demand, delivered in a way you can document, removes that risk. Treat the written demand as the default and the oral demand as a fallback you would rather not have to prove.
Takeaway
The demand for possession under O.C.G.A. section 44-7-50 is mandatory, may be oral or written, and has no statutory waiting period — but a written demand with proof of delivery is the version that survives a challenge. Do not accept rent afterward without reserving your rights, or you may waive the demand.
Step 3: File the Dispossessory Affidavit
Once the tenant fails to pay or deliver possession after the demand, file your dispossessory without delay — every extra day is lost rent. The action is filed as a sworn dispossessory affidavit in the Magistrate Court of the county where the property is located. Most Georgia counties provide a standardized dispossessory affidavit form, and many Magistrate Courts accept walk-in or online filing.
What to Bring When You File
- The completed, sworn dispossessory affidavit stating your grounds and the amount owed
- A copy of the signed lease or a description of the oral rental agreement
- Your record of the demand for possession and its proof of delivery
- A rent ledger showing every charge, payment, and the running balance
- The property address and the tenant’s correct legal name
- The filing fee, a court cost commonly around sixty to one hundred twenty dollars depending on the county
You Can File Without a Lawyer
Magistrate Court is designed to be accessible, and an individual Georgia landlord may file and handle an uncontested dispossessory without an attorney. A corporation or LLC, however, generally must be represented by a lawyer to litigate a contested case, and any contested or complicated matter — a counterclaim, a habitability dispute, a large sum — is worth an attorney’s review. Even a solo owner benefits from having a landlord-tenant attorney glance at the demand and affidavit the first time through.
Takeaway
File the sworn dispossessory affidavit in the Magistrate Court of the property’s county — promptly, but only after a proper demand. Bring the lease, the demand record with proof of delivery, and a clean rent ledger. An individual landlord may file without a lawyer, but a business entity usually needs one.
Step 4: Service and the Seven-Day Answer
After you file, the Magistrate Court issues a summons that must be formally served on the tenant — a step separate from your demand for possession. The marshal or sheriff ordinarily serves the summons. If personal service on the tenant fails after diligent attempts, Georgia generally allows tack-and-mail service, meaning the summons is posted on the door and a copy mailed. How and when service happens starts the tenant’s clock.
The Tenant’s Seven-Day Answer Window
Under O.C.G.A. section 44-7-51, a Georgia tenant has seven days from the date of service to answer the dispossessory. The answer may be oral or written and is made to the Magistrate Court. If the seventh day lands on a weekend or court holiday, the deadline generally rolls to the next business day, so confirm the exact count with the clerk. If the tenant files no answer within the seven days, the landlord may ask the court for a writ of possession by default without a hearing — but confirm that service was proper first, because a defective service can reopen a default.
The Pay-to-Stay Tender Defense
Georgia gives a nonpayment tenant a specific, powerful cure right, and every landlord should understand it before filing. Under O.C.G.A. section 44-7-52, in an action for nonpayment the tenant may tender all rent allegedly owed plus the cost of the dispossessory warrant within seven days of being served with the summons, and that tender is a complete defense to the eviction. There is an important limit: a landlord is required to accept this tender from an individual tenant only once in any twelve-month period. So a tenant who already used the tender defense within the prior twelve months cannot force you to accept it a second time. Because the tender rule is technical and the twelve-month limit is easy to miscount, verify the current statute and keep a record of any prior tender when you evaluate a repeat nonpayment.
Takeaway
The tenant gets seven days from service to answer under O.C.G.A. section 44-7-51, and in a nonpayment case may tender all rent plus warrant costs within those seven days as a complete defense under O.C.G.A. section 44-7-52 — but only once in a twelve-month period. No answer and no tender means you can seek a writ by default.
Step 5: The Dispossessory Hearing
If the tenant files an answer, the Magistrate Court sets a hearing, usually within a week or two, because the dispossessory is a summary proceeding. Magistrate Court hearings are informal but binding, and Georgia dispossessory cases are decided almost entirely on documentation, so preparation, not eloquence, wins. Bring the originals and organized copies of everything.
What to Bring to the Hearing
- The original signed lease, or your best documentation of an oral agreement
- Your written demand for possession and the proof of delivery
- A rent ledger showing all charges, payments, and the balance
- Copies of every written communication with the tenant
- Photos, repair records, witness statements, or police reports supporting the grounds
Common Tenant Defenses in Georgia
| Tenant Defense | How You Counter It |
|---|---|
| Seven-day tender of all rent plus costs (O.C.G.A. section 44-7-52) | Verify whether the tenant already used the tender defense within the prior twelve months; keep records of any prior tender so a repeat cannot force acceptance |
| Rent was accepted after the demand (waiver) | Refuse post-demand rent, or accept only with a written reservation of rights |
| The demand for possession was defective or never made | Make a written demand from the start and keep proof of delivery |
| Improper or incomplete service of the summons | Use the marshal or sheriff and confirm the service return is clean |
| The landlord failed a repair duty affecting the rent owed | Show timely responses and records for every maintenance request |
| Retaliation under O.C.G.A. section 44-7-24 | Document a legitimate, contemporaneous reason unrelated to any protected complaint |
A tenant who genuinely will not leave despite a valid case can still slow things with an answer, a counterclaim, or an appeal. Our national guide on what to do when a tenant won’t leave covers the delay tactics and how to keep a case moving. For nonpayment specifically, the non-paying tenant guide walks through the demand and partial-payment traps in more depth.
Takeaway
Georgia dispossessory hearings are won on paper. Arrive with the lease, the written demand and its proof of delivery, and a clean rent ledger, and be ready to rebut the standard defenses — the seven-day tender, waiver by accepting rent, a defective demand, improper service, and retaliation — with documents, not arguments.
Step 6: Writ of Possession and the Set-Out
Winning the judgment does not put you back in the unit — it earns you the right to have the tenant removed. That final removal runs on its own track, and only the marshal or sheriff may carry it out.
The court issues the writ of possession
After a judgment for possession, the Magistrate Court issues the writ. Under O.C.G.A. section 44-7-55, the writ generally takes effect at the expiration of seven days after the judgment is entered, unless the tenant appeals within that window.
Watch the seven-day appeal window
A dispossessory judgment may be appealed within seven days of entry. A tenant who appeals and wants to stay generally must pay the rent found due into the court registry to remain in possession pending appeal under O.C.G.A. section 44-7-56.
Deliver the writ to the marshal or sheriff
Take the writ to the county marshal’s or sheriff’s civil division and pay the fee. The officer schedules the set-out; scheduling backlogs vary by county, so metro-Atlanta counties can run longer.
The officer supervises the set-out
On the scheduled day the marshal or sheriff oversees the removal and restores possession to you. Be present to change the locks and secure the unit the moment it returns to you.
Document the condition immediately
Photograph and video every room as soon as you regain possession. This record supports any security-deposit deductions and damage claims.
Belongings Left Behind in Georgia
Handling a tenant’s belongings after a Georgia set-out is a point where landlords get into trouble, and the rules can turn on the local county practice and the terms of the writ. Do not assume you may simply keep or trash whatever remains. Confirm with the marshal or sheriff and, where the amount at stake or the situation is unclear, with a Georgia landlord-tenant attorney, how personal property is to be handled after the set-out in that county before you dispose of anything. Getting this wrong can expose you to a claim for the value of the property, so treat the belongings question as its own careful step, not an afterthought.
Takeaway
A judgment is not possession. You still need a writ of possession, which under O.C.G.A. section 44-7-55 generally takes effect seven days after judgment, and a marshal or sheriff set-out to complete a Georgia eviction. Watch the seven-day appeal window, never remove the tenant yourself, and handle any belongings by the local procedure.
Realistic Georgia Eviction Timeline
Georgia is comparatively fast, and the biggest variables are whether the tenant answers and how backed up the local court and marshal are. Fulton, DeKalb, Gwinnett, Cobb, and other large metro-Atlanta counties run longer than the ranges below. Use these to set expectations, not as a promise, and see our how long does an eviction take by state comparison for where Georgia sits nationally.
| Stage | Typical Duration |
|---|---|
| Demand for possession (practice window) | About 3 to 7 days (customary, not statutory) |
| File the dispossessory and serve the summons | About 3 to 7 days |
| Tenant answer window | 7 days from service |
| Setting and holding the hearing | About 1 to 2 weeks after the answer |
| Writ takes effect and the officer schedules the set-out | 7 days after judgment, plus scheduling time |
| Total, uncontested | About 3 to 5 weeks |
| Total, contested | About 6 to 10 weeks, sometimes more |
For a national comparison of how Georgia’s speed stacks up against slower states, see the how to evict a tenant guide, which lays out the general sequence and timeline ranges by state type.
What a Georgia Eviction Actually Costs
The out-of-pocket fees are only part of the picture, and usually the smaller part. Think of the cost of a Georgia dispossessory in buckets, then weigh the total against the modest cost of preventing it. Every figure below is stated in words, because the number that matters is the comparison, not the precise dollar, and county fees vary.
- Filing fee. A dispossessory filing fee commonly runs about sixty to one hundred twenty dollars, depending on the county.
- Service fee. The marshal or sheriff typically charges roughly fifty to one hundred dollars to serve the summons.
- Writ execution fee. Having the officer carry out the set-out usually adds another fifty to a hundred dollars or more.
- Attorney fee. Optional for a straightforward, uncontested case, where a few hundred to about eight hundred dollars is common; a contested case can add several thousand dollars, and a business entity generally needs counsel.
- Lost rent and turnover. Almost always the biggest cost — the rent you never collect during the process, plus cleaning, repairs, and re-renting.
The Real Math
Add it up and even a smooth, uncontested Georgia eviction commonly costs the equivalent of about one month of rent once lost income is counted; a contested one in a busy metro county can cost the equivalent of two or more months of rent plus legal fees. Georgia’s speed keeps that number lower than in tenant-protective states, but it is still real money. That total is the number to weigh against the small, one-time cost of screening an applicant thoroughly before move-in — and the comparison is not close. For a state-by-state breakdown, see our cost of eviction by state guide.
Common Landlord Mistakes That Lose Georgia Cases
Georgia judges dismiss dispossessory cases for procedural defects far more often than for weak facts. Avoid these and you avoid most of the delays that trip up landlords here.
1. Skipping or fumbling the demand for possession. Filing without a proper demand under O.C.G.A. section 44-7-50, or relying on an oral demand you cannot prove, is the classic Georgia mistake. Make a written demand and keep proof of delivery.
2. Accepting rent after the demand. Taking rent after you have demanded possession can waive the demand and force you to start over. If you must accept money, do it with a written reservation of rights.
3. Mishandling the seven-day tender. Refusing a valid tender of all rent plus warrant costs within the seven-day window — when the tenant has not already used it in the prior twelve months — can sink your case under O.C.G.A. section 44-7-52. Track any prior tender so you know when acceptance is required.
4. Self-help eviction. Changing locks, removing belongings, or cutting utilities is unlawful in Georgia and can bring a fine of up to five hundred dollars for a utility shutoff under O.C.G.A. section 44-7-14.1, plus the tenant’s damages. Wait for the writ.
5. Defective service. A texted demand, a note under the door in place of proper service, or an incomplete service return can unravel a judgment. Use the marshal or sheriff and confirm the service is clean.
6. Thin documentation. Without the lease, the written demand and its proof of delivery, and a clean rent ledger, you can lose even when the tenant plainly owes money. If it is not documented, to a Georgia court it did not happen.
Alternatives Worth Trying First
Because even a fast Georgia eviction costs money and time, a resolution that keeps rent coming or clears the unit sooner is often the better business decision — even when you would win in court.
✓ Often Cheaper Than Filing
- Payment plan. A written, dated agreement to bring a first-time late tenant current over a few weeks.
- Cash for keys. Pay the tenant an agreed sum to move out by a date and leave the unit clean — frequently cheaper than weeks of lost rent and a filing.
- Mediation. Some Georgia counties and nonprofits offer free or low-cost mediation that can settle a dispute faster than a contested hearing.
✕ When Alternatives Don’t Fit
- Illegal activity or a serious safety threat — move to a dispossessory promptly.
- A tenant who repeatedly breaks agreements — further deals rarely stick.
- A holdover who simply refuses to engage — use the court process.
Put any alternative in writing. A cash-for-keys deal in particular should be a signed agreement specifying the move-out date, the condition of the unit, and that the payment is contingent on the tenant leaving on time and turning over the keys.
The Best Georgia Eviction Is the One You Never File
Every experienced Georgia landlord learns the same lesson: the surest way to avoid a dispossessory — even a fast one — is to avoid renting to someone likely to require one. Nonpayment, repeat violations, and prior evictions rarely come out of nowhere; they usually leave a paper trail an applicant’s history reveals before they ever get the keys. Thorough screening is not about being harsh; it is about matching the right tenant to your property so the relationship never reaches a Magistrate Court calendar.
A comprehensive tenant screening report surfaces the red flags that predict trouble: a prior eviction filing or judgment, unpaid collections, a pattern of late payments, income that does not support the rent, or a criminal record relevant to safety. That screening must be done carefully and lawfully — the Fair Credit Reporting Act governs how consumer reports are used, and applicable Georgia and local rules can shape how criminal and eviction history may be considered. Applied fairly, consistently, and in compliance, that information lets you approve strong applicants with confidence and decline the ones who would likely have you back in this guide a few weeks later.
Weigh the numbers. The cost of screening an applicant is a small, one-time fee. The cost of a single Georgia eviction — filing, service, possibly an attorney, and weeks of lost rent and turnover — runs into the equivalent of one to several months of rent. Screening is the cheapest insurance a Georgia landlord can buy.
Screen Applicants Before You Ever Need This Guide
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Frequently Asked Questions
How long does the eviction process take in Georgia?
An uncontested Georgia dispossessory commonly runs about three to five weeks from the demand for possession to the writ being carried out. When the tenant files an answer and contests the case, it usually stretches to roughly six to ten weeks, and longer in busy metro-Atlanta counties such as Fulton, DeKalb, Gwinnett, and Cobb. Georgia is comparatively landlord-friendly and moves faster than most states, but a defective demand or filing still restarts the clock, so precision matters.
What is a dispossessory in Georgia?
A dispossessory is Georgia’s name for an eviction lawsuit. It is filed as a sworn dispossessory affidavit in the Magistrate Court of the county where the property sits, under O.C.G.A. Title 44, Chapter 7, Article 3. A dispossessory is a court proceeding, not a landlord self-help remedy, so only a judgment and a writ of possession carried out by the marshal or sheriff can actually remove a tenant.
How many days notice do you have to give before filing a Georgia eviction?
Georgia is unusual: for nonpayment there is no fixed statutory number of notice days. O.C.G.A. section 44-7-50 requires the landlord to make a demand for possession, which may be oral or written, and once the tenant fails to pay or deliver possession the landlord may file the dispossessory. There is no statutory waiting period between the demand and the filing. Best practice, and what most landlords do, is a written demand giving a short window such as three to seven days, kept with proof of delivery, though the days themselves are practice rather than a statutory requirement. Always verify current O.C.G.A. Title 44, Chapter 7.
How long does a tenant have to answer a dispossessory in Georgia?
Seven days from the date of service under O.C.G.A. section 44-7-51. The answer may be oral or written and is made to the Magistrate Court. If the tenant does not answer within seven days, the landlord may ask the court for a writ of possession by default. If the seventh day falls on a weekend or court holiday, the deadline generally rolls to the next business day, so confirm the exact count with the clerk.
Can a Georgia landlord change the locks or shut off utilities to remove a tenant?
No. Self-help eviction is illegal in Georgia. Changing the locks, removing a tenant’s belongings, or shutting off utilities to force a tenant out is unlawful, and a landlord who suspends utility service before final judgment in a dispossessory can face a fine of up to five hundred dollars under O.C.G.A. section 44-7-14.1, plus the tenant’s damages. Only the marshal or sheriff, acting on a writ of possession, may physically remove a tenant.
What is the pay-to-stay tender rule in Georgia?
Under O.C.G.A. section 44-7-52, in a nonpayment case a Georgia tenant may tender all rent allegedly owed plus the cost of the dispossessory warrant within seven days of being served with the summons, and that tender is a complete defense to the eviction. Importantly, a landlord is required to accept this tender from an individual tenant only once in any twelve-month period, so a tenant who has already used the tender defense within the prior twelve months cannot force acceptance again. Verify the current statute, as tender rules are technical.
How much does an eviction cost in Georgia?
The dispossessory filing fee is commonly around sixty to one hundred twenty dollars depending on the county, and sheriff or marshal service adds roughly fifty to one hundred dollars. Executing the writ typically adds another fifty to a hundred or more. An attorney is optional for a straightforward, uncontested case and often runs a few hundred to about eight hundred dollars, while a contested case can reach several thousand. As everywhere, the largest cost is nearly always the lost rent during the process.
Does Georgia require just cause to evict a tenant?
For most private rentals, no. Georgia has no statewide just-cause eviction requirement and no statewide rent control, so a landlord may evict for nonpayment, a lease violation, or holding over after the tenancy ends, and may decline to renew a lease or terminate a month-to-month tenancy with proper notice. Federally subsidized housing and a few local programs can add their own good-cause or notice requirements, so confirm whether any federal or local rule applies to the specific unit.
How soon does the writ of possession take effect in Georgia?
After a judgment for the landlord, the Magistrate Court issues a writ of possession that, under O.C.G.A. section 44-7-55, generally takes effect at the expiration of seven days after the judgment is entered, unless the tenant appeals. The landlord delivers the writ to the marshal or sheriff, who schedules and carries out the set-out. Confirm the exact days and the local set-out scheduling with the court and the marshal, because scheduling backlogs vary by county.
What are the most common tenant defenses in a Georgia eviction?
The defenses that most often derail a Georgia dispossessory are the seven-day tender of all rent plus costs under O.C.G.A. section 44-7-52, the landlord’s acceptance of rent after the demand (waiver), a defective or missing demand for possession, improper service, breach of the landlord’s repair duty affecting the rent owed, and retaliation under O.C.G.A. section 44-7-24. Most of these are procedural, which is why clean documentation of the demand, service, and ledger decides most cases.
How can a landlord avoid evictions in Georgia in the first place?
Screen thoroughly before handing over the keys. Even Georgia’s relatively fast dispossessory costs real money and weeks of lost rent once you count the filing, service, the writ, and the empty unit. A comprehensive tenant screening report that surfaces prior evictions, unpaid judgments, and unstable income is the cheapest insurance a Georgia landlord can buy. Screening must follow the Fair Credit Reporting Act and applicable Georgia rules.
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