🍑 Georgia Eviction Process

🔍 Overview of Georgia Eviction Law

Georgia’s eviction process — called a Dispossessory action — is governed by O.C.G.A. §§ 44-7-50 through 44-7-81. Georgia uses Magistrate Court for eviction proceedings, which is a relatively accessible venue that allows landlords to represent themselves without an attorney. Georgia is generally a landlord-friendly state with short notice periods, no statewide rent control, and no just cause eviction requirement for most properties in . 🏠

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A key characteristic of Georgia eviction law is that it requires a verbal or written demand for possession before filing — no formal written notice period is mandated by statute, though best practice is to provide written demand with a specific timeframe. This is different from most other states that require specific written notices of a defined duration. 📋

⚖️ Legal Grounds for Eviction in Georgia

• 💰 Failure to pay rent when due
• 📋 Violation of lease terms or conditions
• 🏠 Holdover after lease expiration
• 📅 Termination of month-to-month tenancy (60-day notice recommended)
• 🔨 Damage to property beyond normal wear and tear
• ⚠️ Criminal or nuisance activity

📋 The Demand for Possession

Before filing a Dispossessory, the landlord must make a demand for possession — either in person or in writing — requesting the tenant to pay or vacate. While Georgia statute does not mandate a specific waiting period after demand, best practice is to:

1. Send Written Demand — Deliver a written demand for the specific rent amount owed OR return of possession, via hand delivery or certified mail.
2. Allow Reasonable Time — Give the tenant a brief opportunity to pay or vacate. 3–7 days is common practice though not legally required.
3. Document the Demand — Keep a copy of the written demand and proof of delivery. This is your evidence that the pre-suit requirement was satisfied.

🏛️ Dispossessory Filing in Magistrate Court

File the Dispossessory Affidavit and Summons in the Magistrate Court of the county where the property is located. Most Georgia counties have standardized forms. Filing requirements:

• Dispossessory Affidavit (sworn statement of grounds)
• Copy of lease (if written)
• Filing fee ($60–$120 depending on county)
• Landlord’s identification and property address

📬 Serving the Tenant in Georgia

The Magistrate Court issues a Summons that must be served on the tenant. Georgia allows:

• Sheriff service — Most common; Sheriff delivers the summons
• Tack and mail — Posting on door plus certified mail if personal service fails

After service, the tenant has 7 days to file a written answer with the court. If no answer is filed, the landlord may request a default judgment. 📬

⚖️ The Georgia Dispossessory Hearing

If the tenant files an answer, the court schedules a hearing — typically within 1–2 weeks. Magistrate Court hearings are informal but binding. Common Georgia tenant defenses:

• Rent was paid (with payment documentation)
• Landlord accepted payment after demand (waiver)
• Habitability issues affecting rent owed
• Improper demand or service
• Retaliatory eviction (§ 44-7-24)

🔑 Writ of Possession

After a judgment for possession, the court issues a Writ of Possession. The landlord delivers the writ to the Sheriff with a fee. The Sheriff executes the writ — typically within 3–7 business days — by going to the property and overseeing the landlord’s change of locks. The tenant’s belongings remaining on the property become the subject of Georgia’s abandoned property procedures. 🔑

⏱️ Georgia Eviction Timeline

💰 Cost of Eviction in Georgia