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Eviction Laws
Reasons for Eviction
- Nonpayment of rent
- Lease agreement violations
- End of lease
- Illegal activity
Notice to Vacate
- Illegal activity
- Violation of lease term
- End of lease term
Notice to Comply
If the tenant fails to pay rent, the landlord must send a notice to pay. There’s no time period specified by law, but common practice is three days.
Learn more about the eviction process, including the average cost.
Serving the Tenant
The landlord must provide:
- A notice to quit or comply – Either by verbally giving the tenant notice, handing the notice to the tenant (or an of-age person residing in the premises), or posting it on the premises. Tenants who are conducting illegal activity must quit immediately. Those violating the lease term are commonly allowed three days to correct their actions. At the end of a lease term, the landlord must deliver a 60-day notice to quit.
- An eviction lawsuit – Served to the tenant by the Sheriff or sent by U.S. Certified mail and posted on the door.
Tenant Possessions
Any abandoned possessions can be immediately disposed of by the landlord.
Eviction Timeline
Below you’ll learn the average timeline for a complete eviction in Georgia. This projected timeline could change based on the complexities of your specific case.
Typically, the Georgia eviction process takes between two weeks and four months.
How to Start the Eviction Process in Georgia?
Give your notice to quit or comply to the tenant. If not cured within the specified time frame, file an eviction lawsuit with the court.
The tenant must file their answer to the complaint within seven days. The court will then set a hearing date. If the tenant appears at the initial hearing and requests a jury trial, the matter will be set for trial.
If the tenant fails to appear at the hearing, the judge will rule in favor of the landlord. A writ of restitution will be issued within seven days, and the eviction will proceed to the Sheriff for removal.
The Sheriff serves the Writ, giving tenants 24 hours to vacate. If tenants do not vacate after 24 hours, the Sheriff will forcibly evict the tenant.
How to Stop the Eviction Process in Georgia?
The tenant can pay the rent owed or fix the violations. Alternatively, the landlord can file a motion to dismiss the eviction.
How Long is the Eviction Process in Georgia?
The Georgia eviction process takes between two weeks and four months.
Jeanne Sanford
Jeanne Sanford is the Paralegal at TurboTenant where she uses her experience to make sure all leases, forms and help center articles are up to date with the latest laws and regulations impacting our landlords.
