Georgia Eviction Process (Dispossessory Proceeding)
A detailed guide to the Georgia eviction process, including demand for possession, dispossessory affidavits, and timelines.
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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 § 44-7-55. The process is relatively straightforward compared to some states but requires strict adherence to procedural steps.
"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).
2. Demand for Possession
Before filing any legal paperwork, the landlord must make an unconditional demand for possession of the property directly to the tenant. This demand must be clear and unequivocal.
- The demand can be made orally or in writing, although a written demand is strongly recommended for evidentiary purposes.
- For non-payment of rent, the demand should clearly state the amount owed and that the tenant must pay or vacate.
- Georgia law does not require a specific waiting period after the demand before filing the affidavit; however, the tenant must be given a reasonable opportunity to comply. In practice, a demand for immediate possession is generally acceptable.
3. Filing the Dispossessory Affidavit
If the tenant does not comply with the demand, the landlord files a Dispossessory Affidavit with the Magistrate 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 Magistrate
Court will issue a summons, which is then served on the tenant by the county marshal or sheriff. The summons notifies the tenant of the lawsuit and their right to respond.
5. The Tenant's 7-Day Answer Period
After being served, the tenant has exactly seven (7) days to file a written answer with the court.
6. The Court Hearing
If the tenant contests the eviction, a hearing is scheduled. 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 is delivered to the county marshal. The marshal will post a notice on the property giving the tenant a final opportunity (typically 24 hours, though this can vary by county) to remove their belongings before the physical lockout occurs.
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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