Georgia Eviction Laws & Process

Georgia landlords who are ready to remove tenants from their rentals must understand the Georgia eviction process and laws before taking action. Tenants also have rights under Georgia landlord-tenant law. Those rights can effectively halt an eviction in court if the landlord has a weak case.

This guide will outline Georgia’s entire eviction process, define legal grounds, outline notice periods, discuss court timelines, and estimate typical filing costs across the state.

What is an eviction in the state of Georgia?

An eviction in Georgia occurs when a landlord files a court case to remove a tenant from a rental property. Landlords often initiate this process for unpaid rent, serious lease breaches, or health and safety violations. Every eviction must comply with Georgia’s strict legal procedures to remain valid in court.

You can find Georgia’s eviction laws, known as Landlord and Tenant Dispossessory Proceedings, in Georgia Code Title 44, Chapter 7, Article 3.

Common Reasons for Eviction in Georgia

Landlords across Georgia can remove tenants for valid legal reasons, which include:

Failure to Pay Rent

In Georgia, the law considers rent to be late the day after it is due (unless the landlord allows a grace period within the lease). Nonpayment of rent is a curable issue, meaning tenants can prevent eviction by paying all amounts owed before the 3-day deadline expires.

Supporting law: Ga. Code § 44-7-50, § 44-7-52

Breach of the Lease Agreement

Landlords and tenants in Georgia agree to comply with the terms of a signed lease. When a tenant breaches their obligations under a Georgia lease agreement, the landlord may initiate the eviction process.

Some examples of lease breaches include:

• Keeping a schnauzer in an apartment that doesn’t allow pets.
• Renting a Savannah condo on Airbnb without the landlord’s written consent.
• Operating a small catering business from a rental zoned for residential use only.

Georgia law typically treats minor lease breaches as curable. It allows landlords to issue a Notice to Comply or Vacate to tenants, giving them a chance to correct the issue and avoid eviction. More serious or repeated violations are not curable; landlords can serve an Unconditional Notice to Vacate to start eviction proceedings immediately.

Supporting law: Ga. Code § 44-7-50, § 44-7-53

Illegal Activity on the Premises

When a tenant commits a crime in their rental property that violates Georgia law or threatens others’ safety, the landlord may initiate the eviction process immediately. Most illegal acts qualify as non-curable offenses in Georgia, though landlords may treat minor incidents with greater leniency and issue a Notice to Comply or Vacate. The type of notice to serve ultimately depends on the landlord’s judgment and the seriousness of the offenses.

For example, if a tenant gets caught selling narcotics in their downtown Atlanta apartment, the landlord can treat it as an incurable offense and move forward with eviction right away. But if a tenant gets into a drunken wrestling match with their neighbor and is cited for disorderly conduct, the landlord may issue only a Notice to Comply or Vacate, which amounts to a slap on the wrist.

Supporting law: Ga. Code § 44-7-50, § 44-7-53

Damage to the Rental Property

Georgia law requires tenants to maintain their rental properties and avoid unnecessary damage. Under Ga. Code § 44-7-13, “The tenant must keep the premises in good repair.” If a tenant fails to do so, the landlord may treat the tenant’s actions as a lease violation and initiate eviction proceedings.

If tenants cause property damage, landlords should gather evidence by taking dated photos, obtaining repair estimates, and maintaining written records of all communications. The severity of the damage will ultimately determine how the landlord responds. Minor issues may require a Notice to Comply or Vacate, while severe damage may warrant immediate eviction.

Supporting law: Ga. Code § 44-7-13, § 44-7-50

Health & Safety Violations

Georgia law requires tenants to maintain their rental units in a clean and safe condition. When tenants ignore this duty, landlords can attempt to evict them.

A few examples of health and safety violations in Georgia include:

• Letting trash pile up in a rental home and attracting rats, gnats, and bats.
• Leaving a decomposing deer carcass in the bathtub causing a foul odor to permeate the entire apartment complex.
• Blocking a duplex’s fire exit with boxes or furniture.

Landlords across Georgia must honor the implied warranty of habitability by keeping every property safe and livable. As such, tenants share equal responsibility for maintaining sanitary, hazard-free conditions and for avoiding unsafe living environments.

Supporting law: Ga. Code § 44-7-13, § 44-7-14

Tenant is in a Month-to-Month Rental Contract

Landlords can end a Georgia month-to-month lease agreement at any time without giving a reason, provided they comply with state notice requirements. Landlords must give tenants at least 60 days’ written notice to terminate the tenancy, while tenants need only provide 30 days ‘ notice. If the tenant stays past their move-out deadline, the landlord can then file a dispossessory action in court to repossess their property.

After the notice period ends, the landlord must make a formal demand for possession before filing the eviction. Courts typically handle holdover cases quickly when landlords include proof of proper notice and compliance with Georgia law.

Supporting law: Ga. Code § 44-7-7, § 44-7-50

The Complete Eviction Process in Georgia

The Georgia eviction process begins when the landlord serves notice to the tenant, proceeds through the court filing and hearing stages, and concludes when law enforcement removes the tenant from the property.

Below is the step-by-step process every Georgia landlord must follow to complete an eviction:

1. Landlord Issues Notice to the Tenant

When a tenant in Georgia violates their lease or state law, the landlord can issue a formal notice to begin the eviction process. Depending on the circumstances, the landlord may allow the tenant an opportunity to fix (or “cure”) the issue. For example, if a renter fails to pay rent on time or keeps an unauthorized pet, the landlord may give them a short window to correct the violation before moving forward with eviction.

In more serious cases (such as criminal activity or severe health and safety violations), landlords are not required to allow tenants to remedy the issue. Instead, they can issue an Unconditional Notice to Vacate, which requires the tenant to move out by a specific deadline. Because the correct notice depends entirely on Georgia’s eviction regulations, landlords should review them carefully to ensure they follow every letter of the law.

Notice Forms & Timelines

• 3-Day Notice to Pay or Vacate: Used when tenants fail to pay rent on time. This notice gives tenants 3 days to pay or vacate before the landlord files in court.
• Notice to Comply or Vacate: Used when tenants break a curable lease term, such as keeping an unauthorized pet or violating noise rules.
• Unconditional Notice to Vacate: Used when tenants engage in severe or illegal conduct, such as drug use or property destruction, that cannot be corrected.
• 60-Day Notice to Terminate Tenancy: Used to end a month-to-month tenancy when the landlord wants to regain possession without cause.

Supporting law: Ga. Code § 44-7-7, § 44-7-50

2. Landlord Files an Eviction Lawsuit With the Courts

If a tenant in Georgia ignores a notice, refuses to leave, or fails to remedy a lease violation, the landlord must then file a Dispossessory Affidavit with the magistrate court in the county where the property is located. This filing officially begins the legal eviction process.

Filing fees in Georgia typically range from $60 to $75, depending on the county and whether sheriff service is needed. After filing, the court clerk will set a hearing date, typically within 7 to 14 days.

Supporting law: Ga. Code § 44-7-50, § 44-7-51

3. Court Summons Paperwork Served to Tenant

Once the magistrate clerk assigns a court date, the landlord must arrange for the county sheriff, marshal, or certified process server to deliver the Dispossessory Affidavit and Summons to the tenant. After service, the process server must then complete a Return of Service form and file it with the same magistrate court. If the court doesn’t receive this document, the judge will usually dismiss the eviction case, forcing the landlord back to square one.

After being served with the Dispossessory Affidavit and Summons, the tenant has 7 days to file an Answer to contest the eviction; after that, the court will set a hearing date. If the tenant fails to respond or appear at the hearing, the judge will typically enter a default judgment in the landlord’s favor.

Supporting law: Ga. Code § 44-7-51, § 44-7-53

4. Tenant and Landlord Attend an Eviction Hearing

On the court date, both the landlord and tenant (along with any attorneys representing them) must appear before a magistrate judge for the eviction hearing. There, each party can present evidence supporting its case, including lease agreements, payment records, photos, or other documents.

During the hearing, the judge may request additional documents, witness statements, or explanations from either the landlord or tenant. After both parties have presented their evidence, the judge will carefully review the case and consider all the facts under Georgia law.

Supporting law: Ga. Code § 44-7-53

5. Judge Reaches a Ruling

After reviewing all evidence, testimony, and court filings, the judge will issue a ruling. Most judges deliver their decision during the hearing. If the case involves complex evidence or conflicting testimony, the judge may take a few extra days to gather additional evidence and finalize their verdict.

If the judge sides with the tenant, they will be allowed to remain in the rental unit under the existing lease terms. If the judge sides with the landlord, the court will issue a Judgment for Possession, which gives the landlord legal authority to retake control of the property and begin the next phase of the eviction process.

Supporting law: Ga. Code § 44-7-53

6. Landlord Obtains a Writ of Possession

Once the judge grants a Judgment for Possession, the landlord can immediately request a Writ of Possession from the magistrate court. This writ authorizes the county sheriff or marshal to remove the tenant from the property if the tenant refuses to move out by the court-determined deadline. This document provides the tenant with one final opportunity to vacate before enforcement begins.

With their Writ of Possession in hand, the landlord must then contact the local sheriff or marshal to schedule the eviction. Law enforcement will then deliver notice of the scheduled removal and, if the tenant still refuses to vacate, supervise the tenant’s physical removal from the rental unit.

Supporting law: Ga. Code § 44-7-55

7. Law Enforcement Removes Tenant from Rental Property

If the writ’s deadline passes and the tenant still refuses to vacate, the county sheriff or marshal will enforce the eviction. Only these officials have the legal authority to remove tenants and their possessions. If you’re a landlord considering a self-help eviction (changing locks, cutting utilities, or attempting to coerce a tenant to leave), we have a few words of advice for you: don’t do it. These types of evictions are illegal across all 50 states.

Georgia law does not specify rules for a tenant’s property left behind after an eviction. Once law enforcement completes the removal, landlords can decide how to handle any items left in the rental unit.

Supporting law: Ga. Code § 44-7-55

Typical Eviction Timelines in Georgia

The whole eviction process in Georgia, from the landlord’s initial notice to the tenant’s removal, typically takes 4 to 8 weeks. Timelines vary based on the county court’s schedule, the tenant’s response time, and whether the tenant contests the eviction.

Here are the typical eviction timelines to expect in Georgia:

Landlord Retaliation & Harassment During Eviction

Georgia landlords cannot retaliate against or harass tenants at any time during a lease, including during the eviction process. This type of behavior can lead to lawsuits, fines, and damage to a landlord’s credibility.

Examples of landlord retaliation include:

• Raising rent after a tenant files a complaint.
• Cutting off essential utilities after a maintenance request.
• Threatening eviction for reporting health and safety violations.

Examples of landlord harassment include:

• Entering the unit without proper notice or consent.
• Making repeated, intimidating phone calls or visits.
• Changing locks or removing belongings without a court order.

Tenants who face retaliation or harassment should report the behavior to local housing authorities immediately and keep detailed records of all relevant interactions, messages, or notices. Documentation can become key evidence if the dispute reaches court.

Supporting law: Ga. Code § 44-7-24, § 44-7-14.1

Tips for Tenants Attempting to Avoid Eviction

Eviction can put both landlords and tenants in a difficult position, but renters in Georgia still have ways to protect their housing. Here are several strategies tenants often use to avoid eviction:

Develop a healthy relationship with your landlord: Establish clear, respectful communication from day one. Tenants who communicate openly about maintenance problems, rent timing, or personal issues often resolve minor problems before they snowball.

Know your rights and responsibilities: Do yourself a favor and review Georgia landlord-tenant laws to understand your lease terms and state requirements. Informed tenants face fewer eviction issues.

Address slip-ups promptly: Resolve missed payments or lease breaches immediately. Many Georgia landlords prefer to avoid eviction and work things out directly when tenants make a genuine effort to fix their mistakes.

Negotiate an alternative solution: If you fall behind on rent, propose flexible options such as payment plans or short extensions while you gather funds to make things right. Most landlords would rather receive rent a week late than file for eviction and navigate the court system.

Seek legal help when necessary: If you become overwhelmed, contact a housing attorney or a legal aid office before eviction proceeds to court. For affordable or free legal guidance, check out Georgia Legal Aid.

Tips for Landlords Seeking to Evict Tenants

Evicting a tenant in Georgia requires careful attention to state law and procedure. Here are several best practices for landlords to follow when attempting to evict a tenant:

Never attempt self-help eviction: Always let the court and law enforcement handle the eviction process. Changing locks, removing belongings, or attempting any other form of self-help eviction without a court order can get you into hot water and spoil your case.

Know your Georgia landlord-tenant laws: Brush up on Title 44, Chapter 7 of the Georgia Code to understand notice periods, filing procedures, and tenant rights. Staying informed can help you avoid preventable mistakes that could prolong or invalidate an eviction.

Consider a cash-for-keys settlement: Even if it feels like a raw deal, offering a voluntary move-out payment to a tenant can save everyone time, court fees, and stress. A thoughtful cash-for-keys agreement often persuades tenants to leave peacefully and without drama.

Serve proper notice: Ensure every notice includes the correct timeline and details under Georgia law. Incorrect or missing information can force a landlord to restart the entire eviction process.

Screen future tenants thoroughly: Use a reliable digital screening service to look into a candidate’s credit, background, and eviction history. Careful screening can help you avoid renting to tenants who may require an eviction down the road.

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Navigating Georgia’s eviction process can be daunting. To help, TurboTenant’s property management software can screen tenants, draft state-specific leases, track rent payments, and organize tenant records with a few taps on your smartphone.

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Georgia Eviction Laws FAQs