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 | Maybe |
| 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 can go to the courthouse on the same day the verbal or written notice is provided; however, it is common practice to give the tenant 3 days to pay or move out.
If rent is due on August 1st, it will be considered late on August 2nd, unless the lease specifically states there is a grace period.
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
In Georgia, all evictions follow the same process:
- Landlord serves tenant with written notice of violations
- Landlord files complaint with the court for unresolved violations
- Tenant files answer
- Court holds hearing and issues judgment
- Writ of possession is issued
- 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 is not specific on requirements for delivering an initial eviction notice, so landlords may use any method which actually conveys the necessary information to the tenant.
The following methods, which come from service of summons in eviction cases, represent the legal gold standard in the state:
- Hand delivery to the other party
- Hand delivery to a person of suitable age residing on the property who can accept the notice on behalf of the other party
- If all forms of hand delivery fail: Posting the notice to a conspicuous place on the premises such as the entry door, PLUS mailing the notice on the same day by first class mail to the other party’s last known address, with a certificate of mailing
Landlords should always keep the original signed notice and declaration of service as proof of proper service if the case proceeds to court.
Notice To Quit for Nonpayment of Rent
In Georgia, if a tenant is late on paying rent (full or partial), the landlord can serve them a 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 landlord can go to the courthouse and begin eviction proceedings on the same day they provide the tenant with verbal or written notice; however, it is common practice to give the tenant 3 days to pay or move out.
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.
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:
- Giving a copy to the tenant in person
- Leaving a copy at the tenant’s residence with an adult who lives there or
- 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.
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.
Tenants have 7 days after the date the summons is issued to file a written answer or give a verbal response to the affidavit.
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.
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.
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 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 shall be filed in Magistrate Court.
| 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+ |
Sources
- 1 GA Code §44-7-50 (2020)
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(a) …such owner may…demand the possession of the property…If the tenant refuses or fails to deliver possession when so demanded, the owner or the agent…may immediately go before the judge…or the clerk or deputy clerk…or a magistrate…and make an affidavit under oath to the facts…
- 2 GA Code §44-7-7 (2020)
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Sixty days’ notice from the landlord or 30 days’ notice from the tenant is necessary to terminate a tenancy at will.
- 3 GA Code § 44-7-11 (2020)
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The tenant has no rights beyond the use of the land and tenements rented to him and such privileges as are necessary for the enjoyment of his use. He may not cut or destroy growing trees, remove permanent fixtures, or otherwise injure the property. He may use dead or fallen timber for firewood and the pasturage for his cattle.
- 4 GA Code § 44-7-24 (2020)
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e. In addition to any other remedies provided for by law, if a landlord retaliates against a tenant pursuant to this Code section, such retaliation shall be a defense to a dispossessory action, and the tenant may recover from the landlord a civil penalty of one month’s rent plus $500.00, court costs, reasonable attorney’s fees where the conduct is willful, wanton, or malicious, and declaratory relief less any delinquent rents or other sums for which the tenant is liable to the landlord.
- 5 GA Code § 44-7-24 (2020)
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1. In good faith exercised or attempted to exercise against a landlord a right or remedy granted to such tenant by contract or law;
2. Gave a landlord a notice to repair or exercise a remedy under this chapter;
3. Complained to a governmental entity responsible for enforcing building or housing codes or a public utility, and the tenant:
A. Claims a building or housing code violation or utility problem that is the duty of the landlord to repair; and
B. Acts in good faith in that a reasonable person would believe that the complaint is valid and that the violation or problem occurred; or
4. Established, attempted to establish, or participated in a tenant organization to address problems related to the habitability of the property, such as life, health, or safety concerns.
- 6 Ga. Code § 44-7-51(a)
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A copy of the summons and a copy of the affidavit shall be personally served upon the defendant. If the sheriff is unable to serve the defendant personally, service may be had by delivering the summons and the affidavit to any person who is sui juris residing on the premises or, if after reasonable effort no such person is found residing on the premises, by posting a copy of the summons and the affidavit on the door of the premises and, on the same day of such posting, by enclosing, directing, stamping, and mailing by first-class mail a copy of the summons and the affidavit to the defendant at his last known address, if any.Source Link
- 7 GA Code §44-7-52 (2020)
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(a)…in an action for nonpayment of rent, the tenant shall be allowed to tender to the landlord, within seven days of the day the tenant was served with the summons…all rents allegedly owed plus the cost of the dispossessory warrant…
- 8 GA Code §44-7-51 (2020)
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(b) The summons…shall command and require the tenant to answer either orally or in writing within seven days from the date of the actual service…If the answer is oral, the substance thereof shall be endorsed on the dispossessory affidavit. The answer may contain any legal or equitable defense or counterclaim…
- 9 GA Code §44-7-55 (2020)
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Any judgment by the trial court shall be appealable pursuant to Chapters 2, 3, 6, and 7 of Title 5, provided that any such appeal shall be filed within seven days of the date such judgment was entered and provided…
- 10 GA Code §44-7-55 (2020)
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(a) …The court shall issue a writ of possession, both of execution for the judgment amount and a writ to be effective at the expiration of seven days after the date such judgment was entered, except as otherwise provided in Code Section 44-7-56.
