Georgia Eviction Process (Dispossessory Proceeding)
A detailed guide to the Georgia eviction process, including demand for possession, dispossessory affidavits, and timelines.
Legal Disclaimer
This content is for general informational and educational purposes only. It does not constitute legal advice and should not be relied upon as such. Laws change frequently — always verify current regulations and consult a licensed attorney in your jurisdiction for advice specific to your situation. Landager is a property management platform, not a law firm.Information last verified: May 2026.
Georgia Eviction Process (Dispossessory Proceeding)
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 Originally enacted on November 1, 1982, the primary governing statutes were significantly strengthened by the Safe at Home Act (HB 404), which became effective on July 1, 2024,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.
Sources & Official References
Frequently Asked Questions
▶What is the Georgia eviction process and how long does it take?
The Georgia eviction process requires landlords to provide written notice to tenants before filing a court action. The type and length of notice depends on the reason for eviction — typically shorter for non-payment of rent and longer for lease violations or no-fault terminations. Self-help evictions (changing locks, removing belongings, shutting off utilities) are illegal in Georgia. The full court process varies but typically takes several weeks.
▶What are the Georgia landlord-tenant laws every property owner should know?
Georgia's landlord-tenant laws, found primarily in Title 44, Chapter 7 of the Official Code of Georgia Annotated (O.C.G.A.), take a generally landlord-friendly approach while still establishing clear procedural requirements that property owners must follow. Understanding the nuances of Georgia law is essential for operating a compliant and profitable rental business. This guide covers the essential compliance requirements for property owners and landlords.
Read the complete guide▶What are the Georgia security deposit rules and return deadlines?
Georgia has specific rules governing how much landlords can charge for security deposits, how deposits must be held, and the deadline for returning deposits after a tenant moves out. Landlords must provide an itemized statement of any deductions made from the deposit. Failure to comply with deposit return deadlines can result in penalties and the forfeiture of the landlord's right to claim deductions.
Read the complete guide▶What are the Georgia rent increase laws and caps for landlords?
Georgia has specific rules governing when and how landlords can increase rent. During a fixed-term lease, rent generally cannot be increased unless the lease explicitly allows it. For month-to-month tenancies, landlords must provide proper written notice before an increase takes effect. Check whether Georgia has any local rent control ordinances that may impose additional caps or requirements.
Read the complete guide▶What is the grace period for late rent in Georgia?
Georgia has specific rules regarding grace periods for late rent and the amount that can be charged as a late fee. Late fee provisions must be stated in the lease agreement, and fees must be reasonable. Check Georgia state law and any applicable local ordinances for the exact grace period and late fee limits that apply to your rental property.
Read the complete guide▶What disclosures must Georgia landlords provide to tenants?
Georgia landlords must provide certain disclosures to tenants before or at the time of lease signing. Common required disclosures include lead-based paint hazards (for pre-1978 buildings, a federal requirement), the identity of the landlord or property manager, and any known material defects in the property. Additional state-specific disclosures may include flood risk, mold hazards, and environmental conditions.
Read the complete guide▶What are the Georgia lease requirements for rental properties?
Georgia recognizes both written and oral leases, though written leases are strongly recommended for terms longer than one year. Lease agreements should include the rent amount, payment due date, security deposit terms, maintenance responsibilities, and rules regarding entry, pets, and subletting. Certain lease clauses that waive tenant statutory rights may be void and unenforceable under Georgia law.
Read the complete guide▶What are Georgia landlord maintenance obligations and habitability standards?
Georgia landlords must maintain rental properties in a condition that is fit for habitation and complies with applicable building, housing, and health codes. This includes maintaining structural integrity, plumbing, heating and cooling systems, electrical systems, and pest control. Tenants typically have the right to request repairs in writing, and if repairs are not made within a reasonable time, tenants may have legal remedies available.
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