A Georgia eviction notice is a written demand from a landlord to repossess their property from a tenant. It states that the tenant must leave the premises by a certain date. Georgia law doesn’t specify how many days the landlord must give notice, but general practice is three days.
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Eviction Laws & Requirements
- Eviction Lawsuit: Title 44, Chapter 7, Article 3 of the Georgia Code.
- Grace Period for Rent Payment: Not required but can be specified in the lease.
- Late or Non-Payment of Rent Notice: 0 days (Ga.Code § 44-7-50).
- Notice of Non-Compliance: 0 days (Ga.Code § 44-7-50).
- Lease Termination (Month-to-Month): 60 days for landlords, 30 days for tenants (Ga. Code § 44-7-7).
How to Evict a Tenant in Georgia
If a tenant fails to pay rent or leaves the rental property, a landlord may file an eviction lawsuit to remove the tenant. The procedure begins with an affidavit filed with the court (Ga. Code § 44-7-51).
Step 1: Serve the Eviction Notice
After receiving the eviction notice, a tenant can pay rent and any additional charges up to seven days after receiving the eviction lawsuit papers (Ga. Code § 44-7-52) or move out. If the tenant neither pays nor moves out, the eviction process can be moved through the court system as follows:
Step 2: File the Relevant Documents With the Court
The landlord files a dispossessory affidavit or dispossessory warrant with the court. These documents include the full names of the parties, the reason for eviction, a declaration that the landlord demanded possession of the property but was denied, and the amount of overdue rent.
Step 3: Await the Court’s Judgment
If the court decides in the landlord’s favor, the judge will issue and sign a summons to be served on the tenant. The sheriff personally serves the summons on the renter, leaves it with someone at the tenant’s residence, or posts it on the property and then mails the tenant a copy by certified mail (tack and mail).
Step 4: Wait for the Tenant to Respond
The renter has seven days to file a dispossessory answer to the summons in court or on their own. If the tenant timely answers, the court sets a hearing date within 10 days. If the tenant doesn’t answer, the landlord files a default and asks for a writ of possession.
Step 5: Allow the Sheriff to Serve the Writ
The sheriff serves the writ of possession on the tenant, who has 24 hours to move out. If the tenant refuses to move out, the court schedules a hearing.
If the tenant wins at trial, they may stay. If the landlord wins, the court orders a writ of possession, giving the tenant 10 days to move out. If the tenant still doesn’t move out, the landlord can get the sheriff to forcibly remove the tenant. Both parties can appeal the court’s ruling should they choose.
Related Georgia Court Forms
- Dispossessory Proceeding Affidavit: To begin the eviction process in Georgia, the landlord provides the full names of the parties, the reason for eviction, the declaration that the landlord demanded but was denied possession, and the overdue rent amount.
- Dispossessory Answer: The tenant files this form in answer to the landlord’s summons and lists defenses and counterclaims.
- Dispossessory Notice of Trial Date: A notice of the trial date issued from the court to the parties.
- Application and Order for Default Writ: The court’s order that a default was entered against the tenant, and a writ of possession is issued with a directive to the sheriff to serve it.
- Dispossessory Default Writ Tack and Mail: The court’s order that a default was entered against a tenant and a writ of possession is issued. This permits the landlord to post the writ of possession on the tenant’s property as notice to remove themselves and their property.