Georgia landlords facing difficult tenants often find the eviction process and laws confusing, costly, and emotionally draining. This 2026 guide covers why evictions happen, how long they take, and what Georgia’s landlord-tenant laws require at every step along the way.
How Georgia Law Defines Eviction
Eviction in Georgia is the formal legal process landlords must follow to remove a tenant from a rental property. Every step, from serving notice to reclaiming possession, must follow strict court-approved procedures to stay valid and enforceable.
Georgia’s eviction laws appear in Title 44, Chapter 7 of the Official Code of Georgia Annotated (O.C.G.A.), which outlines landlord and tenant rights, notice requirements, and the court process for removing tenants.
Eviction With Cause
In Georgia, “cause” means a valid, legally recognized reason for ending a tenant’s lease early. It covers serious issues like unpaid rent, property damage, or criminal behavior that violates the lease or state housing laws.
Landlords can evict tenants with cause under specific circumstances. Typical examples include missed rent payments, repeated violations after written warnings, or illegal activity on the property. That said, landlords must always follow Georgia’s dispossessory process, starting with a written demand for possession before filing in court.
Applicable law: O.C.G.A. § 44-7-24, O.C.G.A. § 44-7-50
No-Fault Evictions
In Georgia, landlords can end a fixed-term lease without giving a reason once it reaches its natural expiration date. When the lease term ends, landlords simply choose not to renew, and no fault or violation by the tenant is required. Any renewal must be agreed upon in writing.
For month-to-month rental agreements, landlords can terminate without cause by providing at least 60 days’ written notice, while tenants must give 30 days’ notice before the next rental period begins.
Applicable law: O.C.G.A. § 44-7-7
Grounds for Eviction in Georgia
Georgia landlords have several valid grounds to remove a tenant from a rental property, including:
Non-Payment of Rent
In Georgia, rent is due on the date specified in the lease, and there is no statutory grace period for late payments. Any landlord-imposed grace period or late-fee policy must be explicitly written into the rental agreement. Once rent becomes past due, the landlord can demand payment immediately. While the law does not require a specific “3-day” notice, many landlords use a 72-hour window as a reasonable standard before filing for eviction in court.
The notice (commonly called a Demand for Possession) must clearly require the tenant to pay the full balance owed or vacate the premises. If the tenant fails to comply within that timeframe, the landlord may file a dispossessory affidavit in the county court.
Applicable law: O.C.G.A. § 44-7-50
Lease Violations
A rental agreement establishes the legal framework between landlords and tenants, defining what each party can and cannot do during the tenancy. When tenants break those terms, Georgia landlords may lawfully pursue eviction through the courts.
Common examples of lease violations include:
- Subleasing a Buckhead apartment on Airbnb for weekend rentals, violating a strict “no subletting” clause
- Keeping three pit bulls in a Macon duplex despite a written one-pet limit and repeated noise complaints
- Removing the landlord’s new kitchen appliances in a Valdosta rental and replacing them with personal ones without permission
A lease agreement protects both parties by outlining rights and obligations from the start. Landlords should document any violations with dated photos, witness statements, and written warnings, while tenants should review their lease carefully to avoid potential eviction.
Applicable law: O.C.G.A. § 44-7-50, O.C.G.A. § 44-7-10
Illegal Use of the Premises
Under Georgia law, landlords may initiate eviction when a tenant uses the property for illegal criminal activities. Whether a tenant is operating a meth lab in a Brookhaven townhouse, running an unlicensed “auto chop shop” in a Macon rental garage, or storing trafficked firearms in a Savannah unit, the landlord may issue a demand for possession and file a dispossessory action (provided they follow all legal steps).
These conduct types threaten safety and property value, so for Georgia landlords, immediate documentation (police reports, lease violations, witness statements) can strengthen their case.
Applicable law: O.C.G.A. § 44-7-24
Tenant Actions that Threaten Health or Safety
When tenants ignore basic obligations under Georgia law and create hazardous conditions, landlords gain the right to act. These include situations where renters create property risks, such as prolonged mold growth, blocked exits, or fire hazards. Georgia law makes it clear: dwelling places must remain safe and fit for human habitation.
Common examples of health and safety violations in Georgia include:
- A tenant leaving so much trash in the stairwell of an Atlanta multi-unit building that emergency personnel cannot easily access the upper floors.
- Allowing cracked paint and flaking lead-based surfaces to accumulate in a Savannah rental unit occupied by a child, even after written warnings from the landlord.
- Leaving a bathtub backed up for weeks in a Macon apartment, causing sewage overflow into lower units, and exposing personal belongings to contamination.
Landlords should document unsafe conditions with photos, notify tenants in writing of the violation, and allow time for correction. If the issue persists, they can issue a termination notice and file a dispossessory affidavit while consulting legal counsel to ensure compliance with Georgia law.
For a deeper dive, see Georgia’s warranty of habitability guide
Applicable law: O.C.G.A. § 44-7-13
Destruction or Neglect of the Rental Unit
Georgia law expects tenants to maintain their rental units responsibly and avoid causing damage beyond normal wear and tear. While O.C.G.A. § 44-7-13 and § 44-7-14 primarily outline a landlord’s duty to keep the premises in repair, they also imply that tenants are responsible for damages caused by their own negligence or misuse.
To prove property damage, landlords should take detailed photos, maintain inspection records, collect repair estimates, and preserve all communications that show tenant negligence or refusal to address the issue. Documentation will strengthen any claim for eviction or reimbursement in court.
Applicable law: O.C.G.A. § 44-7-13, O.C.G.A. § 44-7-14
Tenant is in a Month-to-Month Rental Contract
Georgia landlords can terminate a month-to-month tenancy, also called a tenancy at will, without giving a specific reason. To do so, they must provide tenants with at least 60 days’ written Notice to Vacate before the desired move-out date.
Tenants, on the other hand, must provide 30 days’ notice if they intend to end the agreement. If a tenant remains in possession after proper notice expires, the landlord can file a dispossessory affidavit in court to begin eviction proceedings.
Applicable law: O.C.G.A. § 44-7-7
Step-by-Step Eviction Process in Georgia
Georgia evictions move quickly, but landlords must follow a strict, court-supervised process from the first notice to filing, service, hearing, judgment, and writ enforcement to lawfully regain possession of premises.
Here are the steps landlords must take:
1. Deliver Notice to the Tenant
Landlords should begin by pinpointing the legal reason for eviction under Georgia law. If rent goes unpaid, there’s no statewide grace period (only what’s written in the lease). Once payment is overdue, the landlord will issue a demand for possession, either orally or in writing. For other violations, the landlord should send a written notice outlining the broken lease term and give the tenant a chance to fix it, but only if the lease says so.
Some behavior won’t be fixable, like serious criminal activity, significant property damage, or repeated violations after warnings. In those cases, the landlord will issue a written demand for possession and move quickly to file a dispossessory action if the tenant won’t leave. For month-to-month tenancies, the landlord must comply with Georgia’s notice requirements before filing. Any informal “service” before court is from the lease; formal service occurs only after filing, in accordance with Georgia’s summons procedures.
Notice Forms & Timelines
- Demand for Possession (Nonpayment of Rent): May be made once rent is due and unpaid; no statutory waiting period. If the tenant refuses, you may file a dispossessory.
- Notice to Comply or Vacate (Lease Violation): Any cure period is lease-controlled (Georgia law does not set one). If uncured, proceed with a dispossessory.
- 60-Day Notice to Vacate (Landlord to Tenant at Will): Required to terminate a month-to-month/tenancy at will without cause.
- 30-Day Notice to Vacate (Tenant to Landlord at Will): Tenant’s notice requirement for ending a month-to-month/tenancy at will.
- Holdover After Fixed-Term Expiration: No renewal required. Upon term end, make a demand for possession; if the tenant refuses, file a dispossessory.
- Service notes: Pre-suit notices should follow the lease; formal service of the lawsuit is governed by Georgia statute after filing.
Applicable law: O.C.G.A. § 44-7-7, O.C.G.A. § 44-7-50, O.C.G.A. § 44-7-51
2. File an Eviction Lawsuit Against the Tenant
When the notice period ends or the tenant refuses to correct a violation, the landlord can file a dispossessory affidavit with the magistrate court in the county where the property is located. That filing officially starts the eviction case and asks the court to grant possession back to the landlord.
Filing fees in Georgia usually range from $60 to $75, depending on the county, and the landlord will also need to pay a small extra fee for the sheriff or marshal to serve the tenant. Once filed, the clerk will review the paperwork, set a court date, and mail hearing details to both sides.
Applicable law: O.C.G.A. § 44-7-50, O.C.G.A. § 44-7-51
3. Serve Court Summons Paperwork to the Tenant
Once the clerk sets a court date, the landlord will arrange for the sheriff, deputy, marshal, or another authorized officer to serve the tenant with the dispossessory summons and affidavit. After service, the officer will complete a return of service, often a Sheriff’s Entry of Service, and file it with the court. If personal delivery fails, the officer will post and mail the paperwork as allowed by Georgia law and note those steps on the affidavit.
After being served, the tenant will have 7 days to respond, either in writing or orally at the clerk’s office. If the tenant answers orally, the clerk will record the response on the affidavit. Both sides will then appear in magistrate court on the scheduled hearing date.
Applicable law: O.C.G.A. § 44-7-51, O.C.G.A. § 44-7-53
4. Attend the Eviction Hearing
When the hearing date arrives, both parties will show up in magistrate court, either on their own or with legal representation, and present their side under oath. The landlord will bring the lease, notices, proof of service, rent ledger, photos, and any communication records. The tenant will present defenses such as payment, improper notice, repair issues, or retaliation.
The judge will oversee the process, swear in witnesses, and allow both sides to question each other’s evidence. They may request original documents, accept business records, or grant a short continuance if needed. Before ruling, the court will weigh all testimony, consider defenses and counterclaims, and may require ongoing rent to be paid into the court while the case remains active.
Applicable law: O.C.G.A. § 44-7-53, O.C.G.A. § 44-7-54
5. Court Reaches a Ruling
After hearing both sides and reviewing all the evidence, the judge will make a ruling. In Georgia, that usually happens during the hearing or within a few days, depending on the court’s schedule. The court will record the outcome, enter judgment, and add it to the docket.
If the tenant wins, they’ll stay in the rental and may recover court costs. If the landlord wins, the court will issue a Writ of Possession after 7 days unless the tenant files an appeal within that same window and keeps rent payments current in the court registry.
Applicable law: O.C.G.A. § 44-7-55, O.C.G.A. § 44-7-56
6. Judge Issues a Writ of Possession
When the landlord receives a Writ of Possession, it serves as the official court order authorizing the sheriff or marshal to remove the tenant and return the property to the landlord. The tenant will then have 7 days after judgment to appeal or move out voluntarily.
Once the writ takes effect, the landlord must request its execution within 30 days or apply for a new one. If the tenant appeals, they’ll need to pay all past-due rent and continue depositing rent into the court registry to stay in the unit. In high-volume counties like Fulton and DeKalb, enforcement may take a few extra days due to backlogs.
Applicable law: O.C.G.A. § 44-7-55, O.C.G.A. § 44-7-56
7. Law Enforcement Executes the Writ of Possession
When the deadline passes and the tenant still hasn’t left, the landlord will ask the court to execute the Writ of Possession. Law enforcement (usually the county sheriff, marshal, or a certified off-duty officer) will then show up to enforce it. In most Georgia counties, they’ll secure the property, supervise the removal, and confirm that possession is returned to the landlord.
Once the writ is carried out, Georgia law treats anything left behind as abandoned. The landlord can move the belongings to another part of the property or another location approved by the officer on site. There’s no required holding period, and the landlord doesn’t have to store or protect the items, as most arrange for removal or disposal right away.
Applicable law: O.C.G.A. § 44-7-55, O.C.G.A. § 44-7-56
Tenant Defense Against Eviction in Georgia
An eviction doesn’t end when the sheriff locks the door. It can follow a tenant for years by showing up on credit reports, blocking future rental approvals, and hurting job prospects. Still, tenants will have options: repayment plans, negotiation, or valid legal defenses that can stop an eviction in its tracks.
The best move is to act early. Communicate with the landlord, document every payment and repair, and look into local rental-assistance programs before things reach court. Consistent records and open dialogue often keep minor issues from becoming eviction filings.
If it all feels overwhelming, tenants should reach out to Georgia Legal Aid or the Atlanta Legal Aid Society. Both offer free or low-cost housing help by explaining tenant rights, drafting court papers, and providing legal representation when it matters most.
Timelines to Expect
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 the Georgia Eviction Process
Typical 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+ |
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