In Georgia, commercial evictions are governed primarily by the Official Code of Georgia Annotated (O.C.G.A.) Title 44, Chapter 7 (which became effective in its current annotated form on November 1, 1982). While they follow the same statutory Dispossessory Proceeding framework as residential evictions (O.C.G.A. § 44-7-50), commercial evictions tend to move faster in the courts because commercial tenants have fewer statutory defenses and hardship-based protections.

Self-help evictions are generally restricted in Georgia. While strictly prohibited for residential units, Georgia case law (e.g., Rucker v. Wynn) suggests that commercial parties may contractually agree to allow self-help re-entry in the lease. However, without such an explicit waiver, a landlord cannot change the locks, cut utilities, or remove a commercial tenant's equipment without a court-ordered Writ of Possession. Even with a waiver, self-help carries immense risk of "breach of peace" tort liability.

Official Law Citation: Official Code of Georgia Annotated (O.C.G.A. § 44-7-50 et seq.)

1. Establishing Default Based on the Lease

The commercial lease is the primary reference for establishing what constitutes a default. Common grounds include:

• Monetary Default: Failure to pay base rent, CAM charges, property taxes, or insurance pass-throughs.
• Non-Monetary Default: Unauthorized use of the premises, failure to maintain required insurance, or illegal activity on the property.
• Holdover: Remaining on the premises after the lease term expires without the landlord's consent.

Many commercial leases include a Notice to Cure provision, giving the tenant a specified number of days (e.g., 5, 10, or 30 days) to remedy a default before the landlord can proceed with eviction. The landlord must honor these negotiated cure periods before making a formal demand for possession.

2. Demand for Possession

Before filing a Dispossessory Affidavit, the landlord must make an unconditional demand for possession of the premises. This demand must be clear, unequivocal, and specific about the reason for the action.

• The demand can be oral or written, but a written demand is strongly recommended for evidentiary purposes.
• Georgia law generally does not require the landlord to provide the tenant with a specific waiting period after the demand before filing the affidavit, unless the lease states otherwise.
• However, the demand must be made and refused before the dispossessory action can be initiated.

3. Filing the Dispossessory Affidavit

If the tenant does not vacate after the demand, the landlord files a Dispossessory Affidavit with the Magistrate Court, State Court, or Superior Court in the county where the property is located. Notably, the Magistrate Court has jurisdiction over dispossessory proceedings regardless of the amount in controversy (O.C.G.A. § 15-10-2(6)), allowing them to award money judgments for rent and damages that exceed the standard $15,000 small claims limit in the context of an eviction.

4. Service and the 7-Day Answer Period

The court issues a summons, served on the tenant by the county marshal or sheriff. The tenant has exactly seven (7) days from service to answer the summons, either orally or in writing (O.C.G.A. § 44-7-51(b)). If the seventh day falls on a Saturday, Sunday, or legal holiday, the answer may be made on the next business day. If the answer is oral, the court clerk must endorse the substance of the answer on the affidavit.

5. Writ of Possession and Physical Eviction

If the landlord prevails (by default or at the hearing), the court issues a Writ of Possession. Under O.C.G.A. § 44-7-55(c), the writ authorizes the removal of the tenant, but the landlord is responsible for the physical removal of the tenant's personal property to a designated area approved by the executing officer. Upon execution, the landlord is not a bailee of the property and owes no further duty to the tenant; the property is legally regarded as abandoned.

The "Mutual Departure" Risk

Georgia courts recognize a concept called "mutual departure." If a commercial landlord has repeatedly accepted late or partial rent payments without objection or formal notices, the court may interpret this as a modification of the original lease terms. This can weaken the landlord's eviction case. Landlords should always issue formal demand notices and document every instance of late payment.

See our Commercial Lease RequirementsPreview unavailable guide for structuring airtight default clauses.

How Landager Helps

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