Eviction is the process of removing a tenant from a rental property. Formally known as "forcible entry and detainer" or "unlawful detainer," eviction is primarily a legal action. This is because housing is a unique service governed by strict laws and regulations. These laws help establish public health and safety, ensure fairness, and protect tenants from poor living conditions.
For this reason, ousting a tenant from their home without due process or cause is illegal. Instead, landlords must go through the process of eviction, ensuring that certain criteria are met at each step.
However, this does not mean that landlords are entirely powerless against the obstacles in place to remove tenants. If a tenant violates their lease agreement, the landlord has a right—and sometimes a responsibility—to remove that tenant, and eviction makes that possible. But while eviction is an option everywhere, it isn't the same everywhere. In fact, eviction laws, processes, and timelines vary considerably across the states.
If you own and rent properties in the state of Georgia, you are responsible for complying with Georgia state eviction laws. In this article, we break down each step of the legal process for eviction in Georgia. Keep in mind, however, that these laws are subject to change and our summary here may not be exhaustive. Be sure to do your own research and contact a qualified real estate attorney with questions about eviction in your state.
Disclaimer: Innago does not provide legal advice. The content and materials provided in this article are for general informational purposes only and may not be the most up-to-date information. Georgia’s eviction laws can be found at OCGA § 44-7-49 – 44-7-59.
Reasons for Eviction in Georgia
According to Georgia eviction laws, tenants can be evicted for failing to pay rent, violating the lease agreement, breaking the law, holding over, or refusing a demand for possession after non-renewal.
1. Failure to pay rent
Nonpayment is the most common reason for eviction. A 2024 law passed in Georgia (HB 404) states that "In all cases when a tenant fails to pay the rent, late fees, utilities, or other charges owed to the landlord when it becomes due," that tenant must either pay the amount due or deliver possession of the unit within three business days of receiving a notice to vacate or pay. Note that if you include any grace period or other exception within the lease agreement, you shouldn't begin the eviction process until that period has passed.
2. Lease violations
Lease violations besides nonpayment are another common reason for eviction. Examples of lease violations include:
Unauthorized occupants or pets
Property damage
Excessive noise
Smoking in a non-smoking unit
Lying on rental application or forging income documents
If a tenant violates the lease and fails to deliver possession when demanded, the landlord may "immediately" go before a judge and make an affidavit under oath to the facts of the violation.
3. Illegal activity
If the tenant breaks the law within the rental unit (e.g., selling controlled substances, assaulting another tenant, using a residential property to run a business, etc.), this is also a justifiable cause for eviction. Like evictions for lease agreements, Georgia allows landlords to go directly to court after the tenant's refusal of a demand for possession.
4. Holding Over
According to Georgia law, "holding over" occurs when a tenant “holds possession of lands or tenements over and beyond the term for which they were rented or leased." Like lease violations and illegal activity, a landlord whose tenant is holding over can file for eviction immediately after sending a demand for possession.
5. Nonrenewal
When a landlord does not want to renew a tenant's lease at the end of the lease term, they can send a demand for possession asking the tenant to move out. This usually does not result in eviction if the tenant complies with the notice. However, if the tenant refuses to move out after receiving a notice of non-renewal and demand for possession, they may become a holdover tenant, in which case the landlord can file for eviction.
Landlord files an eviction lawsuit with the court.
Court serves a summons to the tenant.
Tenant files an answer.
Landlord and tenant attend court hearing and receive judgment.
Tenant gets seven days to move out and/or appeal the judgment.
Sheriff arrives to forcibly remove the tenant.
1. Landlord Serves an Eviction Notice
When a tenant violates the lease in any way (e.g., nonpayment, property damage, illegal activity on the premises, etc.), the landlord must first serve the tenant a written Georgia eviction notice. The type of notice required depends on the circumstances of the eviction:
Rent Demand Notice: 3-day notice to pay or quit. A new law in Georgia passed in 2024 requires landlords to serve nonpaying tenants an eviction notice at least three days in advance of filing for eviction. This notice must be written according to Georgia laws on eviction (HB 404, "Safe at Home Act").
Lease Violation Notice: Unspecified notice to cure or quit. Georgia eviction laws also do not specify how much time landlords should give tenants to fix a violation before filing for eviction. However, landlords should generally serve the tenant written notice and provide a reasonable period to cure the violation, as well as specifying the policy they follow in the lease agreement (OCGA § 44-7-50).
Unconditional Notice to Quit: Immediate. If a tenant breaks the law or commits a severe violation, the landlord can file for eviction immediately after demanding possession of the property.
There is no mandatory number of days' notice the landlord must provide before they file an eviction action for a lease violation or illegal activity. This means the landlord could file an eviction action immediately after delivering the notice; however, three to five days’ notice is typical (OCGA § 44-7-50).
Eviction notices must also be served in a particular manner. The Georgia Code states that eviction notices should be:
"posted in a sealed envelope conspicuously on the door of the property and delivered via any additional method or methods agreed upon in the rental agreement."
In general, it's a good idea to also mail the notice by first class mail and keep the certificate or receipt as proof of delivery.
For all evictions, the landlord may recover actual damages and reasonable attorney’s fees.
2. Landlord Files an Eviction Lawsuit with the Court
If the tenant has not cured the breach by the end of the notice period (or if no cure period is provided), the landlord can then file a dispossessory action (the eviction lawsuit) with the Georgia Superior court, Georgia State Court, or any other state court with jurisdiction in the region where the property is located. The form required is called a Dispossessory Affidavit (downloadable here), with an attached summons. The landlord can also go to a magistrate in the district and make an affidavit under oath (OCGA § 44-7-50).
The affidavit includes:
The county and case number
Both parties’ names and addresses
Whether the affidavit-signer is the owner, agent, or attorney
The basis or reason for the eviction
The amount of past due rent
The rental rate, per day
The landlord’s signature and the date.
The landlord will also need to pay a filing fee, which varies by county. In Paulding County, for instance, the fee to file a dispossessory action with the magistrate court is $78.
3. Court Serves Tenant the Summons
The next step in the Georgia eviction process is serving the summons. After the landlord files the dispossessory affidavit, the summons portion must be served to the tenant. It informs the tenant that the landlord has taken legal action against them and states the tenant’s obligation to file a written or oral answer.
The summons will be directed to the sheriff, deputy, or constable of the county, who will personally serve the summons and a copy of the affidavit to the tenant. If the tenant can’t be served personally, the sheriff must leave it with another person residing at the unit or they can post a copy on the front door and mail a copy by first-class mail (OCGA § 44-7-51(a)).
Sheriff’s fees for serving the summons to the tenant also vary by county. In Augusta, the sheriff’s fee for serving a tenant a summons in a dispossessory action is $25.
4. Tenant Files an Answer
As mentioned above, the summons will also inform the tenant that they must submit an oral or written answer to the affidavit within seven days of the service date (if the seventh day falls on a weekend or holiday, the answer may be made on the next business day). If filed in written form, the tenant should use the Dispossessory Answer form (downloadable here). The answer should include any defense or counterclaim the tenant has against the eviction, but the landlord does not need to be present for its filing (OCGA § 44-7-51(b)).
If the eviction is for nonpayment, the tenant is also allowed to tender to the landlord all rent owedwithin the seven-day period. If the tenant does so, they will avoid eviction as long as they haven’t already done so already within a 12-month period (OCGA § 44-7-52(a)).
If the tenant fails to file an answer, they will waive their right to attend the hearing and the court will issue a default judgment in the landlord’s favor (OCGA § 44-7-51(c)).
5. Landlord and Tenant Attend Court Hearing and Receive Judgment
Assuming the tenant does file an answer, a court hearing will be scheduled, and both parties will be informed of its date and time via a Dispossessory Proceeding Notice of Trial Date (downloadable here).
The trial will follow the procedures for civil actions in the appropriate court. The tenant is allowed to stay in the unit while the litigation is pending, but they must pay rent into the registry of the court at the time they file an answer (OCGA § 44-7-53(a)).
On the day of the eviction hearing, the landlord should bring copies of the lease agreement, the eviction notice with proof of service, the dispossessory affidavit, and any evidence of the lease violation. Both the landlord and tenant will present their cases and any evidence to the judge, who will afterwards issue a judgment.
If the right of possession cannot be finalized within two weeks of the service of the summons, the tenant is required to keep paying rent, utility bills, and all other agreed-upon fees into the registry of the court. If they stop at any time, the court will grant the landlord a writ of possession. The landlord will eventually be paid all the funds from the registry, unless there is a dispute from the tenant about the amount of funds due that requires a further trial (OCGA § 44-7-54).
6. Tenant Gets Seven Days to Move Out and/or Appeal the Judgment
If the judgment is in the landlord’s favor, the court will issue a writ of possession seven days after the judgment is entered (OCGA § 44-7-55(a)). The tenant must move out within the seven days, but they can also file an appeal to the judgment during this period.
7. Sheriff Arrives to Forcibly Remove the Tenant
The last step in the Georgia eviction process timeline is the tenant’s removal. If the tenant does not vacate the premises within the seven-day period, the writ will be directed to the sheriff, who will post and execute the writ. This could take several days, depending on how busy the sheriff’s office is and when they can return to remove the tenant.
Georgia law does not state a specific number of days’ notice the tenant should receive after the sheriff posts the writ of possession. However, the landlord needs to apply at the sheriff’s office to have the writ executed within 30 days after it is issued, or else they will have to apply for a new writ (OCGA § 44-7-55(d)).
If the tenant leaves behind personal property after they are evicted, it is considered abandoned. The landlord is not responsible to the tenant for storing or safekeeping it (OCGA § 44-7-55(c)).
Evicting a Squatter in Georgia
A squatter is a person who moves into a vacant or abandoned property without getting permission from the owner or paying rent. Squatters can usually be evicted like any other tenant. However, some squatters can receive the right to possession by meeting certain state-determined criteria.
In Georgia, squatters must have lived in the property for 20 consecutive years or seven years with color of title to invoke the squatters rights Georgia provides and claim right of possession (OCGA § 44-5-163 and 44-5-164). Their possession must also meet the following general criteria:
Hostile/Adverse—The squatter must not have a valid lease with the owner
Actual—The squatter must be actively residing on the property
Open and Notorious—The squatter is openly and obviously living there.
Exclusive—The squatter does not share possession of the property with anyone else.
Continuous—The squatter must hold continuous and uninterrupted possession.
While relatively rare, if a squatter meets all these criteria, they have “color of title”: the right of legal ownership without having a written deed to the property. They can file an action for adverse possession in Georgia to legally obtain the title to the property. However, in most cases, a squatter will not meet the criteria and can be removed. If you think a squatter is living in your vacant property in Georgia, you should:
Call local law enforcement.
Determine whether the person is a trespasser or a squatter.
If the person is a trespasser, they can be removed immediately by a police officer.
If the person is a squatter living on the premises, you must contact the sheriff’s office.
Send the squatter an eviction notice as per Georgia eviction law.
If the squatter does not vacate the premises by the end of the notice period, file for eviction and follow the typical eviction process.
Only the sheriff can physically remove a squatter from your property. You cannot do so, and neither can a police officer.
This chart shows estimates of the approximate cost of an eviction in Georgia, according to civil procedure in the state and iPropertyManagement. A highly accurate estimate of an eviction is impossible to provide, as cases and circumstances vary so widely. Remember to factor in other losses due to an eviction as well, such as lost rent, time, and stress.
Action
Approximate Cost
Filing fee
Varies, but typically ~$50-$75
Service of court summons
~$25-$50
Issuance of writ of possession
Varies
Service of writ of possession
Varies
Legal fees
$500-$10,000
Average locksmith fees
$160
Tenant turnover costs
Varies
How Long Does an Eviction Take in Georgia?
The chart below shows an estimate of the duration of each part of the eviction process. Keep in mind that the eviction process timeline varies widely depending on the complexity of the eviction, the court’s current caseload, and whether or not the tenant contests or appeals the lawsuit.
Action
Duration
Eviction notice period
3 days for nonpayment; otherwise unspecified
Issuance and service of summons to tenant
Varies by court
Tenant answer/tender period
7 days
Eviction hearing
Varies
Issuance of writ of possession
7 days
Service of writ of possession
Within 30 days
Time to quit after writ is posted
Varies; typically 24 hours to a few days
Total
1-3 months
Eviction Tips for Landlords
The smartest way to avoid the costs and inconveniences of evictions is to avoid them altogether. Best practices to avoid having to resort to eviction include:
Using plain-language lease agreementswith carefully specified rules so that tenants are aware of what constitutes a lease violation.
Conducting regular inspections, so you can address problems and lease violations as quickly as possible
Implementing a grace period for rent to give tenants a few extra days to pay. You don't need to sound the eviction alarm bells for temporary delays and setbacks, which happen to even the most responsible tenants.
Encouraging tenants to be proactive and reach out if problems arise. If you know a tenant is changing jobs and that their paycheck might be delayed in advance, you can work out a date for their rent payment and neither of you will have to worry about eviction.
Being open to discussion when something goes awry. Sometimes you just don't know the full story until you talk to a tenant yourself. If a tenant is at risk of eviction, first see if you can resolve the issue without the court. This might involve establishing a new payment plan, negotiating on a policy, adding an unauthorized occupant as a tenant on the lease, or setting up a subleasing situation.
If eviction is truly inevitable, here are a few tips for making this process as smooth and painless as possible.
Follow all court rules and deadlines as closely as possible. A mistake could delay the eviction or even cause you to have to start the process over.
Don't accept partial rent payments during the eviction process unless the court has instructed otherwise. In some states, accepting partial payments can nullify or interfere with the case.
Keep detailed records throughout the entire process. This includes payment records, photos or videos of damage, documentation of lease violations, and testimonials of neighboring tenants, in addition to court documents.
Use property management software. Having a system that automatically tracks when tenants pay rent (and notifies you when they don't) is invaluable for evictions. You can simply export and print the tenant's payment data as documentation for the court.
Hire an attorney to handle the legal paperwork and court hearing in your stead. A real estate attorney with experience in evictions will understand the law in your state better than you probably can, and their help will make the process as quick and easy as possible.
Conclusion
The eviction process in any state can be long and complex, so hiring an eviction attorney is advised in most cases. It’s also important to note that municipalities and local governments often have stricter laws and requirements for landlords, so be sure to check local statutes as well as state ones. However, by reviewing the legal procedures and Georgia laws on eviction, you can feel more confident pursuing an eviction in this state.
FAQs
How long does it take to evict a tenant in Georgia?
The Georgia eviction process usually takes anywhere from one to three months, depending on how quickly the landlord acts, how the tenant responds, and whether a court hearing is necessary. Delays are common if the tenant contests the case.
Do landlords need a reason to evict a tenant in Georgia?
Yes, if the landlord wants to end a lease early before it terminates, they should have a justifiable cause. Justifiable causes include nonpayment of rent, lease violations, or staying past the lease term (holdover tenancy). However, landlords don’t need to give a reason to terminate a month-to-month tenancy—as long as proper notice is given (60 days) and there’s no retaliation involved.
Can a landlord evict a tenant without going to court in Georgia?
No. Self-help evictions—like changing the locks or shutting off utilities—are illegal in Georgia. Landlords must file an official dispossessory action and go through the legal process to remove a tenant.
What happens if a tenant doesn’t respond to the eviction notice?
If the tenant doesn’t respond within seven days of being served, the landlord can request a default judgment from the court and move forward with the eviction.
Can tenants be evicted during winter or in bad weather?
Yes. Georgia law does not include seasonal protections for tenants. As long as the eviction is lawful and goes through the court process, it can proceed.
Is it possible to stop an eviction once it’s been filed?
Yes. The landlord and tenant can agree to resolve the issue—such as the tenant paying overdue rent or correcting a lease violation—and the landlord can dismiss the case. If the court has already ruled, it’s harder to stop, but tenants may file for a stay or appeal in some cases.
Do tenants have to move out immediately after the writ of possession?
Tenants typically have seven days after the writ is issued to leave the property. If they don’t vacate, the sheriff will carry out the eviction.
Can landlords keep a tenant’s belongings after an eviction?
Georgia law allows landlords to remove a tenant’s property and place it on the curb or another public space once the sheriff executes the writ. They are not required to store or safeguard the tenant’s items.
