Georgia Eviction Process

How to Evict a Tenant in Georgia (5 Steps)

Step 1: Give the Tenant Notice to Quit

Evictions in Georgia, also called “dispossessory proceedings,” are outlined under Ga. Code, Title 44, Chapter 7, Article 3. Prior to July 1, 2024, you can post a notice for immediate compliance as soon as rent is considered late. After July 1, 2024, you must give the tenant three days’ notice.

Georgia law considers rent payments late one day after the first of the month. However, your lease agreement may provide a grace period. You must use the period indicated in the lease when determining late rent payments.

As the landlord, you can give the tenant the option to cure overdue payments and lease violations. If they correct the issue within the notice period, they can remain on the premises for the duration of their lease agreement. Tenants who fail to correct lease violations or vacate the premises as required by the posted notice can be evicted.

Step 2: File an Affidavit with the Court

If the tenant fails to correct the violation or vacate the premises by the date indicated on your notice, you can file a lawsuit with the appropriate Magistrate Court in the county where the property is located. Complete an affidavit with the following details:

• Tenant name
• Rental property address
• Reason for the eviction
• Date, amount past due, and other information about the lease violation

The dispossessory affidavit and summons with other associated documents must be delivered by the Sheriff or other court-appointed process server. You cannot deliver the eviction papers yourself, but they must be served to the tenant when you file for the lawsuit to be valid, with fees ranging from $60 to $75.

Step 3: Wait for the Tenant’s Answer

The tenant has seven days from the date of the notice to file a written answer with the court. If they fail to respond within the allotted time frame, the judge will automatically rule in favor of the landlord. The seven-day notice includes all days unless the seventh day falls on a weekend or holiday. In that case, the tenant can file their response the following day.

Step 4: Attend the Eviction Hearing

If the tenant does submit an answer, the judge will schedule an eviction hearing, during which they will review the evidence presented by both parties. They will determine whether the tenant has a right to remain on the property until the end of the lease. If the judge rules in the landlord’s favor, they will order the tenant to vacate within seven days.

The landlord and tenant both have a legal right to appeal the judge’s decision, per Ga. Code § 44-7-56. During the appeal, the tenant will typically pay rent to the court while they remain living at the rental property, in accordance with Ga. Code § 44-7-75. The state or superior court that hears the appeal will decide whether to uphold or overturn the lower court’s decision.

Step 5: Have the Tenant Removed From the Property

If the tenant loses the case and fails to vacate the premises or appeal the ruling, the court can issue a Writ of Possession after seven days. The writ instructs officials, usually a sheriff or constable, to forcibly remove the tenant and their belongings from the property.

While you can request that the writ be executed within 30 days of issuance, there is no specific legal time frame for them to follow through. According to Ga. Code § 44-7-55, the sheriff or other authority may execute the writ immediately upon receipt or at any point thereafter, at their discretion.

Eviction Reasons

If a landlord wishes to evict a tenant prior to the end of a fixed-term lease agreement, they must prove that they have good reason and adhere to notice requirements. Common causes for eviction in Georgia include:

• Late rent or nonpayment of rent.
• Damaging the property.
• Remaining after the conclusion of the lease agreement.
• Creating a nuisance or disturbance.
• Engaging in illegal activities.
• Smoking in prohibited areas.
• Keeping unauthorized pets.
• Property sale or foreclosure.

Notice for Termination With Cause

For evictions prior to July 1, 2024, the landlord needs only adhere to the notice terms defined in the lease agreement. If there are no lease terms specifying a notice period, the landlord can begin the eviction process within 24 hours of providing notice to quit.

The new Georgia law does not change notice requirements for lease violations, but it does require three days’ notice for evictions due to non-payment.

1. Immediate Notice To Pay Rent or Quit

Overview:

• Prior to July 1, 2024, used when the tenant fails to pay rent on time.
• Requires the tenant to pay past-due rent with immediate notice or vacate the premises (including weekends and holidays).

2. 3-Day Notice To Pay Rent or Quit

Overview:

• After July 1, 2024, use when the tenant fails to pay rent on time.
• Gives the tenant three days’ notice to pay rent or quit the property.
• New legal requirements are enacted under House Bill 404.

3. Immediate Notice To Quit for Non-Compliance

Overview:

• Use when a tenant violates lease conditions not related to payment.
• Gives the tenant immediate notice to quit or rectify the lease violation.
• The landlord can choose to give the tenant time to comply, and if the tenant fails, the landlord can begin eviction proceedings.
• The landlord does not have to give the option to cure for serious lease violations.

Notice for Termination Without Cause

When a landlord doesn’t have cause to terminate the tenancy, they must wait for the end of the lease term before expecting a tenant to leave the property.

Federal law also protects tenants in case of foreclosure (12 USC 5220). According to the Protecting Tenants at Foreclosure Act (PTFA), the tenant can remain on the property for 90 days or the remainder of the lease if it is foreclosed on. However, if the new owner intends to live in the rental property, the tenant can only remain for 90 days.

1. Notice to End a Month-to-Month Tenancy

Overview:

• Gives the tenant 60 days’ notice to vacate the premises.
• Deadline includes weekends and holidays.
• Notice requirements are codified under Ga. Code § 44-7-7.

2. Notice to End a Fixed Term Tenancy

Overview:

• Landlords can reasonably expect the tenant to vacate the property at the end of the lease term.
• They need only provide notice if indicated in the lease agreement.

Eviction Timeline

Tenant Rights in Georgia

While a Georgia landlord can evict a tenant for numerous reasons, they are prohibited from discriminating or retaliating against tenants. The federal Fair Housing Act (42 USC Ch. 45) prohibits landlords from evicting a tenant based on certain protected characteristics:

• Race
• Ethnicity
• National origin
• Gender and sex
• Religion
• Familial status
• Disability

In addition, Ga. Code § 44-7-24 prevents landlords from retaliating against tenants who have taken action relating to a life, health, safety, or habitability concern. A landlord cannot evict a tenant for:

• Exercising or attempting to exercise their tenant rights.
• Giving the landlord notice to repair or remedy a condition.
• Complaining to a governmental entity about a building or housing code violation or utility issue.
• Joining or establishing a tenant’s union or similar organization.

Generally, if a landlord files for eviction within three months of the above activities and the tenant has not violated any lease agreement terms, it may be considered a retaliatory eviction. Landlords who engage in retaliatory behavior may have to pay the tenant a month’s rent plus $500, court costs, and reasonable attorney’s fees.

Self-Help Evictions

Landlords must follow the full eviction process, receive a judgment in their favor, and have a Writ of Possession executed by the appropriate authorities. Failure to follow these guidelines can result in significant financial penalties.

Examples of illegal self-help eviction activities include suspending or limiting the tenant’s utilities (Ga. Code § 44-7-14.1) and preventing the tenant from accessing the premises. For example, you cannot change the locks or discontinue electric service until the eviction proceedings are complete.

Abandoned Property

If the tenant leaves personal property on the premises, the landlord is not responsible for storing or providing access to the belongings.

The party executing the Writ of Possession can remove the tenant or their personal property from the premises and place the tenant’s belongings on another portion of the landlord’s property for the tenant to retrieve. However, the landlord is not responsible for preventing damage or theft of the tenant’s belongings.

Resources

• Atlanta Legal Aid: Free and low-cost legal assistance for low-income individuals in Clayton, Cobb, DeKalb, Fulton, or Gwinnett counties.
• Eviction Prevention Initiative: Financial assistance for individuals seeking assistance with eviction prevention.
• Georgia Legal Services Program: Free and low-cost legal aid for low-income people in counties outside the Atlanta area.
• Georgia Civil Procedure Code: Outlines the process for a civil court case.