Georgia (GA) eviction guide
Quick answer
To evict a tenant in Georgia, you must first serve written notice (as short as 3 days for nonpayment of rent), then file a dispossessory affidavit in the county Magistrate Court if the tenant does not comply. The tenant has 7 days to answer after being served; if they do not, you can request a default judgment and writ of possession. The full process typically takes 3 to 8 weeks from notice to lockout.
| Legal grounds | Nonpayment of rent, lease violation, holdover after lease ends, illegal activity |
|---|---|
| Minimum notice | 3 days (nonpayment of rent) |
| Where to file | County Magistrate Court |
| Filing fee | About $60 to $80 (varies by county) |
| Typical timeframe | 3 to 8 weeks |
Served for nonpayment of rent; tenant must pay all overdue rent or vacate within 3 days or you may file in court.
Served for a curable lease violation; tenant has 3 days to fix the problem or leave before you file.
Used for serious or repeat violations and illegal activity where no cure option is offered.
Required to end a month-to-month tenancy; either party must give 60 days written notice before the lease period ends.
| Step | Timeframe | What happens |
|---|---|---|
| 1. Serve written notice | 3 to 60 days | Deliver the correct written notice to the tenant; the required period depends on the eviction reason. |
| 2. File dispossessory affidavit | 1 to 2 days | If the tenant does not comply, file a dispossessory affidavit with the county Magistrate Court and pay the filing fee (about $60 to $80). |
| 3. Court serves the tenant | 2 to 7 days | The court or sheriff serves the tenant with the summons; the tenant then has 7 days from service to file a written answer. |
| 4. Hearing or default judgment | 7 to 14 days after service | If the tenant answers, a hearing is scheduled within about 14 days; if no answer is filed, you can request a default judgment on day 8. |
| 5. Writ of possession issued | 7 days after judgment | If you win, the court issues a writ of possession no sooner than 7 days after the judgment is entered. |
| 6. Sheriff enforces lockout | Within 30 days of writ | You must present the writ to the sheriff within 30 days; the sheriff schedules and carries out the physical removal of the tenant. |
Filing a dispossessory in Georgia typically costs $60 to $80 for one defendant, plus about $25 per additional defendant, with fees varying by county. You may also owe a sheriff service fee of roughly $25 to $50 and, if the tenant contests, attorney fees if you hire counsel.
After a judgment in your favor, the Magistrate Court issues a writ of possession no sooner than 7 days after judgment. The county sheriff carries out the physical lockout; you must apply at the sheriff's office within 30 days of the writ or you will need to obtain a new one. Self-help eviction, such as changing the locks or removing belongings without a writ, is illegal in Georgia and exposes the landlord to liability.
General information, not legal advice. Governing statute: O.C.G.A. Title 44, Chapter 7, Article 3 (Sections 44-7-50 through 44-7-59). Self-help eviction is illegal everywhere; always follow the court process.
Georgia eviction FAQ
Most uncontested Georgia evictions wrap up in **3 to 5 weeks**: 3 days for the notice, up to 7 days for service, 7 days for the tenant to answer, and 7 more days after judgment before the writ issues. If the tenant contests and a hearing is scheduled, add another 1 to 3 weeks, putting the total closer to **6 to 8 weeks**.
Expect to pay **$60 to $80** to file the dispossessory affidavit, plus a sheriff service fee of roughly **$25 to $50**. If the case is contested and you hire an attorney, legal fees typically add **$500 to $2,000 or more** depending on complexity.
No. Georgia law requires a court order (dispossessory warrant) before a tenant can be removed. Changing the locks, cutting utilities, or removing a tenant's belongings without a writ is **illegal self-help eviction** and can result in the landlord being sued for damages.
If the tenant fails to file a written answer within **7 days** of being served, you can request a default judgment from the court on day 8. The judge typically grants the default without a hearing, and the writ of possession is issued 7 days later.
Georgia is not a no-cause-eviction state during an active lease; you must have a **legally recognized ground** such as nonpayment of rent, a lease violation, or illegal activity. For month-to-month tenancies with no current lease, you may terminate with **60 days written notice** without stating a specific reason.
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