Georgia Eviction Process: Notice Periods, Timeline, and Costs
Every step a Georgia landlord has to take to remove a tenant legally, how long each one takes, and the mistakes that force you to start over. Last reviewed 2026-08-21.
Before anything else: eviction in Georgia is a court process. You cannot change the locks, shut off utilities, or remove a tenant’s belongings to force them out, no matter how far behind they are. Doing so is the most expensive mistake a small landlord can make.
Step 1: Serve the right notice
Since July 1, 2024, O.C.G.A. § 44-7-50(c) requires a written notice giving the tenant 3 business days to pay all past-due rent, late fees, utilities, and other charges owed, or to vacate, before you may file a dispossessory affidavit. Business days exclude weekends and holidays. The notice must be posted in a sealed envelope conspicuously on the door of the unit and also delivered by any additional method the lease specifies. If the tenant pays in full within the three business days, you cannot file.
Georgia sets no statutory notice or cure period for lease violations other than nonpayment. Whatever notice and cure rights the written lease gives the tenant are what control, and if the lease is silent you make a demand for possession under O.C.G.A. § 44-7-50(a) and file if the tenant refuses. The 3-business-day notice added in 2024 applies only to money owed, not to other breaches.
Ending a month-to-month tenancy with no cause
O.C.G.A. § 44-7-7 requires 60 days' notice from the landlord to terminate a tenancy at will, while a tenant owes only 30. The notice ends the tenancy but does not by itself let you remove anyone — you still have to demand possession and file a dispossessory if the tenant stays. Georgia has no just-cause eviction requirement, and O.C.G.A. § 44-7-19 preempts local rent control.
Step 2: File with the court
Dispossessory actions are filed in the Magistrate Court of the county where the property is located. Filing fees run roughly $60 to $150 for one defendant depending on the county (about $79 in Athens-Clarke, $104 in DeKalb), plus roughly $25 to $50 for each additional named defendant and for service by the sheriff or marshal.
The tenant has 7 days from the date of service to file an answer with the magistrate court, and the answer may be oral or written. If nothing is filed, the landlord may request a default judgment and a writ of possession on the eighth day.
How long the whole thing takes
An uncontested case usually runs about three to six weeks from notice to the sheriff restoring possession: 3 business days of notice, a 7-day answer window, a 7-day post-judgment wait before the writ issues, then a week or two of sheriff scheduling. A tenant who answers gets a hearing, which typically adds two to three weeks, and an appeal adds more.
What you absolutely cannot do
Georgia landlords may not change locks, shut off utilities, remove doors, or set a tenant's belongings out without a writ of possession — a dispossessory case ending in a sheriff-executed writ is the only lawful route. A landlord who does it anyway can be sued for wrongful eviction and trespass and is liable for the tenant's actual and consequential damages, including emergency lodging, damaged or lost property, and lost wages. O.C.G.A. § 44-7-50, as amended in 2024, also treats cooling as a utility a landlord may not cut off before an eviction action.
Recent changes to the law
HB 404, the Safe at Home Act (2024 Ga. Laws 392), took effect July 1, 2024 and applies to residential leases entered into or renewed on or after that date. It added the 3-business-day written notice to pay or vacate before a nonpayment dispossessory, capped security deposits at two months' rent, created an express statutory warranty of habitability, and added cooling to the utilities a landlord may not cut off before filing.
What Georgia landlords get wrong
The biggest trap here is stale guidance. A large number of eviction sites still say Georgia has no statutory notice period for nonpayment and that an oral demand for possession is enough. That was true before July 1, 2024. HB 404 added the 3-business-day written pay-or-vacate notice at O.C.G.A. § 44-7-50(c) for residential leases entered into or renewed on or after that date, and filing without it invites dismissal. The oral-demand rule does still hold for holdover and tenancy-at-sufferance cases that do not involve money owed. Under Uniform Magistrate Court Rule 31, an officer or full-time employee designated as agent may file and present a dispossessory for an LLC or corporation without a lawyer, provided a sworn affidavit establishing that status is filed — a real cost saving that most states do not offer.
The law itself
Frequently asked questions
Do I have to give notice before filing an eviction in Georgia?
For nonpayment, yes. Since July 1, 2024, O.C.G.A. § 44-7-50(c) requires a written notice giving the tenant 3 business days to pay everything owed or vacate, posted in a sealed envelope on the door. For holdover tenants and other non-money grounds you still make a demand for possession, which may be oral, though putting it in writing and documenting delivery is far safer if the case is contested.
How long does a Georgia eviction take?
About three to six weeks when nothing is contested. You allow 3 business days on the notice, the tenant has 7 days from service to answer, the writ of possession cannot issue until 7 days after judgment, and the sheriff typically schedules the move-out one to two weeks later. If the tenant files an answer, add two to three weeks for a hearing.
Can I file a Georgia dispossessory myself without a lawyer?
An individual landlord can file and appear in magistrate court alone. If the property is held by an LLC or corporation, Uniform Magistrate Court Rule 31 lets a designated officer or full-time employee file and present the case after filing a sworn affidavit proving that status. Contested cases with real damages claims are still where self-represented landlords most often lose ground.
How much does it cost to evict a tenant in Georgia?
Filing a dispossessory typically costs $60 to $150 for one defendant depending on the county, plus roughly $25 to $50 for each additional defendant and for sheriff or marshal service. Add the sheriff's fee to execute the writ of possession and any crew you hire to move belongings. Attorney's fees, if you use counsel, are usually the largest line item.
Keep reading
The best eviction is the one you never file.
Vantric tracks rent, late payments, and lease dates so problems surface early — while they are still a conversation, not a court date.
Start Free TrialThis page is general information, not legal advice. Eviction procedure is unforgiving of small errors and varies by county. Verify against the official statute text linked above, and talk to a local attorney before you file.