Georgia Eviction Process: Notices, Court Steps and Timeline

By TenantLoop teamUpdated 4 min read

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General information, not legal advice. Landlord-tenant rules change, and cities and counties can add their own. Check the current statute and local ordinances, and talk to a licensed attorney before you act.

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The short version

  • A landlord must give 60 days of notice to end a tenancy at will, such as a month-to-month arrangement, while the tenant gives 30 days.
  • Dispossessory cases are usually filed in the magistrate court of the county where the property is located.
  • After being served, the tenant has 7 days to answer, orally or in writing.
  • For leases entered into or renewed on or after July 1, 2024, a landlord generally must give the tenant written notice to pay or vacate at least 3 business days before filing a dispossessory case for unpaid rent.
  • Georgia generally sets no statutory cure period for other lease violations; the landlord demands possession and may file if the tenant refuses.

Georgia calls an eviction a dispossessory case. The landlord demands possession, files in magistrate court if the tenant stays, and the tenant has a short window to answer. Leases signed or renewed after mid 2024 add a written notice step before filing for unpaid rent.

Georgia eviction process at a glance

RuleGeorgiaLaw
Notice for unpaid rentFor leases entered into or renewed on or after July 1, 2024, a landlord generally must give the tenant written notice to pay or vacate at least 3 business days before filing a dispossessory case for unpaid rent.Safe at Home Act (HB 404, 2024)
Notice for a lease violationGeorgia generally sets no statutory cure period for other lease violations; the landlord demands possession and may file if the tenant refuses.Official Code of Georgia, Title 44 Chapter 7 (dispossessory proceedings)
Ending a tenancy without causeA landlord must give 60 days of notice to end a tenancy at will, such as a month-to-month arrangement, while the tenant gives 30 days.O.C.G.A. section 44-7-7
Where the case is filedDispossessory cases are usually filed in the magistrate court of the county where the property is located.O.C.G.A. section 44-7-50
Tenant response timeAfter being served, the tenant has 7 days to answer, orally or in writing.O.C.G.A. section 44-7-51
Removal after judgmentIf the landlord wins, the court issues a writ of possession, and the tenant generally has 7 days to appeal before the writ is carried out.Official Code of Georgia, Title 44 Chapter 7 (writ of possession and appeal)
Typical overall timelineAn uncontested case often takes a few weeks from filing to removal, and contested cases or appeals take longer.Court practice (estimate)

Notices before an eviction in Georgia

The notice is the foundation of the whole case. It has to fit the reason for ending the tenancy, give the full period the law requires and be delivered in a way the court will accept.

Notice for unpaid rent. For leases entered into or renewed on or after July 1, 2024, a landlord generally must give the tenant written notice to pay or vacate at least 3 business days before filing a dispossessory case for unpaid rent. (Safe at Home Act (HB 404, 2024))

Notice for a lease violation. Georgia generally sets no statutory cure period for other lease violations; the landlord demands possession and may file if the tenant refuses. (Official Code of Georgia, Title 44 Chapter 7 (dispossessory proceedings))

Ending a tenancy without cause. A landlord must give 60 days of notice to end a tenancy at will, such as a month-to-month arrangement, while the tenant gives 30 days. (O.C.G.A. section 44-7-7)

Filing the case

If the notice period runs out and the tenant has neither fixed the problem nor moved out, the next step is a court filing. Bring the lease, the notice, proof of how it was delivered and a ledger of what is owed.

Where the case is filed. Dispossessory cases are usually filed in the magistrate court of the county where the property is located. (O.C.G.A. section 44-7-50)

Filing costs. Filing and service fees are generally set by each magistrate court and vary by county. (Magistrate court fee schedules)

The response and the hearing

Courts look closely at the paperwork. Expect to show the notice, the proof of service and the rent ledger, and to answer any defense the tenant raises.

Tenant response time. After being served, the tenant has 7 days to answer, orally or in writing. (O.C.G.A. section 44-7-51)

Judgment and getting possession back

Removal after judgment. If the landlord wins, the court issues a writ of possession, and the tenant generally has 7 days to appeal before the writ is carried out. (Official Code of Georgia, Title 44 Chapter 7 (writ of possession and appeal))

What a landlord must not do

Until a court orders otherwise, the tenant keeps the right to live in the home, even after the notice runs out.

Self-help eviction. Generally, a landlord should not change locks or remove a tenant's belongings without a writ of possession carried out under court supervision. (Official Code of Georgia, Title 44 Chapter 7)

Timeline at a glance

StepTypical timeRule
Notice period for unpaid rentVariesSafe at Home Act (HB 404, 2024)
Notice period for a lease violationVariesOfficial Code of Georgia, Title 44 Chapter 7 (dispossessory proceedings)
Tenant response after the case is served7 daysO.C.G.A. section 44-7-51
From judgment to removal7 daysOfficial Code of Georgia, Title 44 Chapter 7 (writ of possession and appeal)
Whole case, uncontestedA few weeksCourt practice (estimate)

Real cases often take longer: holidays, a contested hearing or an appeal can add weeks.

Mistakes to avoid

  • Demanding more than the rent actually owed in a notice for unpaid rent, for example by adding late fees or utilities.
  • Counting the notice period wrong and filing a day too early.
  • Taking partial rent after serving a notice without knowing how it affects the case.
  • Keeping no proof of service. Write down who delivered the notice, how and when, and keep a copy.
  • Trying to speed things up with a lockout, a utility shutoff or by moving belongings out.
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Verify current law

We last checked these Georgia rules on . Laws change and cities can add their own, so confirm the current text before you rely on it, and talk to a Georgia attorney about your situation.

Laws named on this page

  • Safe at Home Act (HB 404, 2024)
  • Official Code of Georgia, Title 44 Chapter 7 (dispossessory proceedings)
  • O.C.G.A. section 44-7-7
  • O.C.G.A. section 44-7-50
  • O.C.G.A. section 44-7-51
  • Official Code of Georgia, Title 44 Chapter 7 (writ of possession and appeal)
  • Official Code of Georgia, Title 44 Chapter 7

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How much notice does a Georgia landlord give for unpaid rent?

For leases entered into or renewed on or after July 1, 2024, a landlord generally must give the tenant written notice to pay or vacate at least 3 business days before filing a dispossessory case for unpaid rent. Source: Safe at Home Act (HB 404, 2024).

How long does a tenant in Georgia have to respond to an eviction case?

After being served, the tenant has 7 days to answer, orally or in writing. Source: O.C.G.A. section 44-7-51.

Can a Georgia landlord change the locks instead of going to court?

Generally, a landlord should not change locks or remove a tenant's belongings without a writ of possession carried out under court supervision. Source: Official Code of Georgia, Title 44 Chapter 7.

How long does an eviction take in Georgia?

An uncontested case often takes a few weeks from filing to removal, and contested cases or appeals take longer. Source: Court practice (estimate).

Which court hears eviction cases in Georgia?

Dispossessory cases are usually filed in the magistrate court of the county where the property is located. Source: O.C.G.A. section 44-7-50.

TenantLoop team · reviewed

Written by the team building TenantLoop. Our guides are general information for landlords and property managers; check current law and talk to a qualified professional before you act.