Georgia Commercial Eviction Process (Dispossessory)
A detailed guide to the commercial eviction and dispossessory process for commercial landlords in Georgia.
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Georgia Commercial Eviction Process
In Georgia, commercial evictions follow the same statutory Dispossessory Proceeding framework as residential evictions (O.C.G.A. § 44-7-50). However, in practice, commercial evictions tend to move faster in the courts because commercial tenants have fewer statutory defenses and hardship-based protections available to them.
Self-help evictions remain strictly prohibited for commercial properties. A landlord cannot change the locks, cut utilities, or remove a commercial tenant's equipment and inventory without a court-ordered Writ of Possession. Doing so exposes the landlord to wrongful eviction and trespass claims.
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 (or Superior Court, depending on the amount in controversy) in the county where the property is located.
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 file a written answer contesting the eviction.
5. Writ of Possession and Physical Eviction
If the landlord prevails (by default or at the hearing), the court issues a Writ of Possession. The county marshal executes the writ, removing the tenant and their property from the commercial space.
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 Requirements guide for structuring airtight default clauses.
How Landager Helps
Landager tracks lease terms, required compliance items, and accounting records - making it easy to stay compliant with Georgia regulations.
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