Georgia Eviction Process

Georgia Eviction Process

Last Updated: May 2, 2024 by Roberto Valenzuela

Evicting a tenant in Georgia can take around 1-3 months, depending on the type of eviction and whether tenants file an answer. If an appeal is filed, the process will take longer.

Grounds for an Eviction in Georgia

In Georgia, a landlord cannot legally evict a tenant without cause. Legal grounds to evict include:

  • Not paying rent on time
  • Staying after the lease ends
  • Violating lease terms
  • Committing illegal activity

Depending on the grounds for eviction, the landlord must give proper notice and provide the tenant a chance to cure the violation.

Grounds Notice Period Curable?
Nonpayment of Rent No Statute Yes
End of Lease or No Lease 60 Days No
Lease Violation No Statute Maybe
Illegal Activity Immediate No

Nonpayment of Rent

In Georgia, a landlord can evict a tenant for not paying rent on time. To do so, the landlord must first give the tenant a verbal notice or a written notice to quit regarding the balance due.

Unless the lease states otherwise, rent is due at the beginning of each month and is considered late in Georgia the day immediately after its due date. If the rent is late, the landlord may deliver a notice of nonpayment which gives the tenant 3 days to pay the balance due or else move out.

note

The three day notice requirement takes effect on July 1, 2024. Until that date, there is no prior notice requirement before a landlord can file for eviction.

End of Lease or No Lease

In Georgia, a landlord can evict a tenant who does not have a lease (“tenant at will”) or has a lease that has terminated and continues to remain on the premises (“holdover tenant”). To do so, the landlord must first terminate the tenancy by giving the tenant a proper 60-days’ notice to move out.

If the tenant does not move out by the end of the notice period, the landlord can move forward and file an eviction lawsuit.

Lease Violations

In Georgia, a landlord can evict a tenant for violating the terms of the lease or not upholding their responsibilities under Georgia landlord-tenant law.

Landlords are not legally required to give tenants a chance to fix the violation, but they must first provide the tenant with a verbal notice or a written notice to comply or vacate before beginning eviction proceedings with the court.

However, it is common practice to give the tenant 3 days to correct the violation or vacate the premises. So at the discretion of the landlord, the tenant either has an opportunity to fix the issue or move out.

Examples of lease violations include:

  • Failing to maintain the premises in a clean and sanitary manner
  • Refusing to allow the landlord access to the rental unit
  • Disturbing the peace and enjoyment of others
  • Causing damage to the rental property
  • Allowing unauthorized occupants or pets to reside in the rental unit
  • Damaging the landscaping or removing trees
  • Removing or misusing the electrical, plumbing or other fixtures

If the tenant does not fix the issue or move out by the end of the notice period, the landlord can move forward and file an eviction lawsuit.

Illegal Activity

In Georgia, a landlord can evict a tenant for committing illegal activity on the premises. To do so, the landlord must first serve the tenant an immediate notice to vacate. The tenant does not have a chance to fix the issue and must move out.

In Georgia, illegal activity includes:

  • Engaging in or promoting prostitution
  • Building or setting up temporary or permanent structures to be offered as sleeping quarters for pay
  • Engaging in criminal activity

If the tenant does not move out immediately, the landlord can move forward and file an eviction lawsuit.

Illegal Evictions in Georgia

In Georgia, there are a few different types of evictions that are illegal. If found liable, the landlord could be required to pay the tenant an amount equal to one month’s rent, plus $500, court costs, and reasonable attorneys’ fees.

“Self-Help” Evictions

No matter the situation, a landlord is not allowed to forcibly remove a tenant by:

  • Changing the locks
  • Shutting off utilities
  • Removing tenant belongings

A tenant can only be legally removed with a court order obtained through the formal eviction process

Retaliatory Evictions

It is illegal for a landlord to evict a tenant in response to exercising a legally protected right. These rights include:

  • Complaining about habitability issues to the landlord or governmental entity
  • Filing a complaint to a government authority
  • Joining a tenant’s union or organization

Read More

Eviction notice posted on iPropertyManagement.com

In Georgia, all evictions follow the same process:

  1. Landlord serves tenant with written notice of violations
  2. Landlord files complaint with the court for unresolved violations
  3. Tenant files answer
  4. Court holds hearing and issues judgment
  5. Writ of possession is issued
  6. Possession of property is returned to landlord

Step 1: Landlord Serves Notice To Tenant

A landlord can begin the eviction process in Georgia by giving the tenant proper notice. Georgia law specifies that an eviction notice must at minimum be posted, in a sealed envelope, to the door of the property. The law allows the rental agreement to (optionally) require other additional methods of notice as well.

tip

Landlords should always keep the original signed notice and declaration of service as proof of proper service if the case proceeds to court.

3 Day Notice To Quit for Nonpayment of Rent

In Georgia, if a tenant is late on paying any portion of the rent, or any utility or other fee that is established in the rental agreement, the landlord can serve them a 3 Day Notice To Quit for Nonpayment of Rent. Georgia law does not require a landlord to give a tenant more time to pay a past due balance. The tenant must pay the balance due, or move out within three (3) business days.

60-Day Notice To Vacate

For a tenant with no lease or a month-to-month lease in Georgia, the landlord can serve them a 60-Day Notice To Vacate to terminate the tenancy. This lease termination notice allows the tenant 60 days to move out.

For tenants that don’t pay rent monthly, the amount of notice does not change.

Notice To Comply or Vacate

In Georgia, if a tenant violates the terms of the lease or their legal responsibilities, the landlord can serve them a Notice To Comply or Vacate. Georgia law does not require the landlord to give the tenant a chance to correct the violation.

The landlord can go to the courthouse and begin eviction proceedings on the same day the tenant is given a verbal or written notice; however, it is common practice to give the tenant 3 days to fix the issue or move out.

Immediate Notice To Vacate

In Georgia, if a tenant commits an illegal activity on the premises, the landlord can serve them an Immediate Notice To Vacate. On the same day the notice is served, the landlord can go to the courthouse to file a dispossessory affidavit or warrant to begin eviction proceedings, but this is not required by law.

Eviction Complaint Filed on iPropertyManagement.com

Step 2: Landlord Files Lawsuit with Court

As the next step in the eviction process, Georgia landlords must file a dispossessory affidavit or warrant in the appropriate court. In the state of Georgia, the filing fees range from $60-$75.

A judge, clerk, deputy clerk of the magistrate court may issue the summons and affidavit. These documents must be served on the tenant by the Sheriff or process server prior to the hearing, through one of the following methods:

  1. Giving a copy to the tenant in person
  2. Leaving a copy at the tenant’s residence with an adult who lives there or
  3. After reasonable effort, it may be served by posting a copy in a conspicuous place on the rental unit AND mailing a copy via first class mail.

Tenants who are being evicted for nonpayment of rent will have 7 days after the date they received the summons to pay all past-due rent in full in order to avoid eviction.

Eviction Answer Filed on iPropertyManagement.com

Step 3: Tenant Files Answer

Tenants in Georgia must respond to the summons and affidavit either in writing or verbally within 7 days of the date summons was issued. If a tenant gives a verbal response, it must be written down on a copy of the affidavit.

If the tenant does not respond to the affidavit, the court will issue a default judgment in favor of the landlord, and the tenant will not be allowed to go to a court hearing.

If the tenant does answer the affidavit, the court will schedule a hearing and the tenant will be allowed to explain why they feel they should not be evicted.

note

Tenants have 7 days after the date the summons is issued to file a written answer or give a verbal response to the affidavit.

Eviction Court Hearing on iPropertyManagement.com

Step 4: Court Holds Hearing and Issues Judgment

Georgia law doesn’t specify how soon an eviction hearing must be held after an affidavit is filed with the court or after a tenant’s response is received by the court. It will depend on how busy the trial court’s hearing schedule is.

If the tenant does not appear for the hearing, or does not respond to the complaint, the court will issue a default judgment in favor of the landlord and the tenant will be required to move out.

If the judicial officer rules in favor of the landlord at the eviction hearing, a writ of possession will be issued, and the eviction will proceed.

Tenants have 7 days to appeal the judgment in order to avoid eviction.

Eviction Writ of Possession on iPropertyManagement.com

Step 5: Writ of Possession Is Issued

The writ of possession is the tenant’s final notice to leave the rental unit and allows them the opportunity to remove their belongings before the sheriff returns to the property to forcibly remove them.

If the court has ruled in the landlord’s favor, the landlord will ask the court to issue a writ of possession. The writ will be issued 7 days after the judgment in favor of the landlord.

If the tenant remains in the rental unit after the writ is issued, possession of the rental unit will be forcibly returned to the landlord.

Eviction property possession returned on iPropertyManagement.com

Step 6: Possession of Property is Returned

Georgia law doesn’t state how quickly a sheriff or constable is required to act on a writ of possession once it has been received from the court. It could take officers a few days to a few weeks to remove the tenant depending on how many other evictions are already scheduled.

Georgia Eviction Process Timeline

In Georgia, an eviction can be completed in 1 to 3 months but can take longer depending on the reason for eviction, whether the eviction is contested, which days courts are (or aren’t) in session and other various possible delays.

Below are the parts of the Georgia eviction process outside the control of landlords for cases that go uncontested.

Step Estimated Time
Initial Notice Period ~60 Calendar Days
Court Issuing Summons ~3-21 Business Days
Court Serving Summons ~3-21 Business Days
Tenant Response Period 7 Business Days
Court Ruling ~3-21 Business Days
Court Serving Writ of Possession 7 Business Days
Final Notice Period ~3-21 Business Days

Flowchart of Georgia Eviction Process

Georgia Eviction Process Flowchart on iPropertyManagement.com

Georgia Eviction Court Fees

The average cost of an eviction in Georgia for all filing, court, and service fees is $181. However, the fee can vary heavily based on the county’s initial filing fee. Eviction cases may be filed in any court with jurisdiction over the subject matter, including state court, superior court, and magistrate court. Magistrate court is the most common option.

Fee Magistrate 
Initial Court Filing $56+
Summons Service ~$50
Writ of Possession Service $25
Writ of Possession Execution $50
Notice of Appeal Filing (Optional) $198+

Read more

Sources