In Georgia, a landlord can evict a tenant for not paying rent, violating the lease, or staying past the lease term, but only after following the state’s specific legal process. The process starts with a written notice and ends with a court order and sheriff’s execution, not with the landlord changing locks or removing belongings.
What Georgia Law Says About Evictions
Georgia eviction law is found in Official Code of Georgia Annotated (O.C.G.A.) § 44-7-50 and following sections. The state does not have a statewide rent control or just-cause eviction statute, meaning a landlord can terminate a tenancy at the end of a lease term without giving a reason, as long as they provide proper notice. For month-to-month tenancies, the landlord must give 60 days’ written notice to end the tenancy (O.C.G.A. § 44-7-7). For week-to-week tenancies, the notice is 30 days.
For nonpayment of rent, the landlord must give a written demand for possession, giving the tenant 7 days to pay or vacate (O.C.G.A. § 44-7-50). If the tenant does not comply, the landlord can file a dispossessory affidavit (eviction lawsuit) in the magistrate court of the county where the property is located.
For lease violations other than nonpayment (like damaging the property or having unauthorized pets), the landlord must give a written notice specifying the violation and giving the tenant 30 days to correct it (O.C.G.A. § 44-7-50). If the tenant does not fix the issue, the landlord can proceed with eviction.
Step-by-Step Eviction Process
The eviction process in Georgia follows a strict timeline. Both landlords and tenants should understand each step:
- Notice: The landlord serves the appropriate written notice (7 days for nonpayment, 30 days for lease violation, or 60 days for month-to-month termination).
- Filing: If the tenant does not comply, the landlord files a dispossessory affidavit with the magistrate court, paying a filing fee (usually $50–$100).
- Summons and hearing: The court issues a summons, and the tenant is served with a copy of the affidavit and a hearing date, typically 5–10 days after filing.
- Court hearing: Both parties present evidence. If the landlord wins, the judge issues a writ of possession.
- Appeal: The tenant has 7 days to appeal the judgment if they disagree, by posting an appeal bond.
- Execution: If no appeal, the landlord requests a writ of possession from the court, and the sheriff posts a 24-hour notice on the property. After 24 hours, the sheriff can physically remove the tenant and their belongings.
Tenant Defenses and Rights
Tenants can raise defenses in court to stop or delay an eviction. Common defenses include:
- Improper notice: If the landlord did not give the correct notice period or did not serve it properly.
- Retaliation: If the eviction is in response to the tenant complaining about unsafe conditions or joining a tenant organization.
- Discrimination: If the eviction is based on race, religion, national origin, disability, or family status (violates the Fair Housing Act).
- Warranty of habitability: In some cases, if the property has serious health or safety defects that the landlord refuses to fix, the tenant may argue that the landlord breached the lease.
- Payment or tender: If the tenant can prove they paid rent or attempted to pay within the 7-day window.
Tenants should always appear at the court hearing. If they do not, the landlord automatically wins a default judgment.
What Landlords Cannot Do
Georgia law prohibits “self-help” evictions. A landlord cannot:
- Change the locks without a court order.
- Remove the tenant’s belongings or the door.
- Turn off utilities (water, electricity, gas) to force the tenant out.
- Physically remove the tenant or their property without a sheriff’s execution.
If a landlord does any of these, the tenant can sue for damages, and the landlord may face fines or criminal charges. The only legal way to remove a tenant is through the court process.
Costs and Timeline
Evictions are not quick or cheap. A typical eviction in Georgia takes 3 to 6 weeks from the initial notice to the sheriff’s execution, assuming the tenant does not appeal. If the tenant appeals, the process can take several months.
Costs for a landlord include:
- Court filing fee: $50–$100
- Sheriff’s service fee: $50–$100
- Attorney fees (if using a lawyer): $500–$1,500 or more
- Lost rent and property damage
Tenants facing eviction may be responsible for court costs and back rent if they lose. If a tenant wins, the landlord may have to pay the tenant’s court costs and attorney fees in some cases.
Common Misconceptions
A common myth is that a tenant can stay rent-free for months while the eviction is pending. In reality, the tenant must continue paying rent into the court registry during the eviction process if they want to defend the case. If they stop paying, the landlord can ask the court for an immediate writ of possession.
Another misconception is that a landlord can evict a tenant for any reason at any time. While Georgia does not require “just cause” for ending a month-to-month tenancy, the landlord must still provide the required notice and cannot evict for discriminatory or retaliatory reasons.
Template: Tenant’s Answer to Dispossessory Affidavit
IN THE MAGISTRATE COURT OF ________ COUNTY, GEORGIA
[Landlord Name] – Plaintiff, vs. [Tenant Name] – Defendant, Case No. ________
ANSWER TO DISPOSSESSORY AFFIDAVIT
Comes now the Defendant, [Tenant Name], and files this Answer to the Plaintiff’s Dispossessory Affidavit, and states as follows:
- Defendant admits/denies the allegations in the Plaintiff’s complaint.
- Defendant asserts the following defense(s): ________________________________________
- Defendant requests that the Court dismiss the Plaintiff’s complaint and award any other relief the Court deems just.
Respectfully submitted this ____ day of __________, 20____.
_________________________________
Defendant Signature
Sample (fictional): In a case where the tenant was never served notice, the Answer would state: “Defendant denies that proper notice was given, as the Plaintiff failed to provide a 7-day demand for possession.”
Frequently Asked Questions
How long does an eviction take in Georgia?
From the initial notice to the sheriff’s execution, a typical eviction takes 3 to 6 weeks. If the tenant appeals, it can take 2 to 3 months or longer, depending on the court’s schedule.
Can a landlord evict a tenant without a court order?
No. A landlord cannot legally evict a tenant without a court order. Self-help evictions (changing locks, removing belongings, shutting off utilities) are illegal and can result in liability for the landlord.
What happens to the tenant’s belongings after an eviction?
After the sheriff executes the writ of possession, the landlord may remove the tenant’s belongings. The landlord must store them for a reasonable time and notify the tenant, but the tenant must pay any storage costs. If the tenant does not claim them, the landlord can dispose of them.
Can a tenant stop an eviction by paying rent after the court hearing?
Generally, no. Once the court issues a writ of possession, the tenant cannot stop the eviction by paying rent unless the landlord agrees or the court allows it. The tenant must pay before the judgment or appeal the decision.
Does a tenant have to pay rent during the eviction process?
Yes, if the tenant wants to defend the eviction, they must pay rent into the court registry each month while the case is pending. Failure to do so can result in an immediate writ of possession for the landlord.
Seeking Legal Help
Eviction law is complex, and the consequences of a mistake can be severe. If you are a landlord or tenant facing an eviction, consider consulting a qualified attorney or a legal aid organization in Georgia. They can provide advice specific to your situation.