In Georgia, eviction is legally known as a Dispossessory Proceeding and is governed by O.C.G.A. § 44-7-50 through § 44-7-59. Originally enacted on November 1, 1982, the primary governing statutes were significantly strengthened by the Safe at Home Act (HB 404), which became effective on July 1, 2024, introducing mandatory notice periods and habitability standards.

"Self-help" evictions are illegal in Georgia. A landlord cannot change the locks, shut off utilities, remove the tenant's belongings, or take any other action to physically remove a tenant without a valid court-ordered Writ of Possession.

Official Law Citation: Official Code of Georgia Annotated (O.C.G.A. § 44-7-50 through § 44-7-59)

1. Grounds for Eviction

A landlord may file for eviction based on several grounds:

• Non-payment of rent (the most common ground).
• Holding over beyond the lease term (remaining after the lease expires without the landlord's consent).
• Material breach of lease terms (unauthorized pets, property damage, criminal activity, etc.).
• Termination of a month-to-month tenancy (after proper 60-day notice per O.C.G.A. § 44-7-7).

2. Demand for Possession (Safe at Home Act Requirements)

Before filing a dispossessory affidavit, the landlord must provide a formal demand for possession. Under the Safe at Home Act (effective July 1, 2024), specific notice requirements apply to residential tenancies:

• 3-Business-Day Notice: For nonpayment of rent, late fees, or utilities, the landlord must provide a written notice giving the tenant at least three (3) business days to pay the full amount or vacate the property (O.C.G.A. § 44-7-50(c)).
• Mandatory Delivery: The notice must be posted in a sealed envelope conspicuously on the door of the property and delivered by any additional methods specified in the lease (O.C.G.A. § 44-7-50(d)).
• Wait Period: The landlord cannot file the dispossessory affidavit until the three-business-day period has expired.

3. Filing the Dispossessory Affidavit

If the tenant does not comply with the demand, the landlord files a Dispossessory Affidavit with the Magistrate Court (or State/Superior Court) in the county where the property is located. The affidavit must state:

• The landlord's legal interest in the property.
• The facts justifying the eviction (e.g., non-payment, lease violation, holdover).
• That a demand for possession was made and refused.

4. Serving the Tenant

The Court will issue a summons, which is then served on the tenant by the county marshal or sheriff. Service can be personal, "tack and mail" (if the tenant is not home), or on a person of suitable age and discretion residing at the premises.

5. The Tenant's 7-Day Answer Period

After being served, the tenant has exactly seven (7) days to file a written or oral answer with the court (O.C.G.A. § 44-7-51).

6. The Court Hearing

If the tenant contests the eviction, a hearing is scheduled before a judge. Both parties present evidence. If the landlord prevails, the judge will issue a judgment for possession and a Writ of Possession.

7. Writ of Possession and Physical Eviction

The Writ of Possession (O.C.G.A. § 44-7-53) is delivered to the county marshal. The marshal will post a notice or schedule a time to remove the tenant.

• Execution: The sheriff or marshal will oversee the removal of the tenant and their belongings.
• Landlord Liability: Once the tenant is removed, the landlord has no further duty to store the tenant's personal property (O.C.G.A. § 44-7-55).

How Landager Helps

Landager tracks lease terms, required compliance items, and accounting records - making it easy to stay compliant with Georgia regulations, including the new 3-business-day notice mandates.

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