How to Evict a Tenant in Georgia: Demand, Dispossessory and Writ

To evict a tenant in Georgia, demand possession first. If the eviction is for unpaid rent, that means a written notice to pay or vacate within three business days. Then file a sworn dispossessory affidavit, usually in the magistrate court of the county where the property is. The tenant has seven days to answer. If you win, ask for a writ of possession, and remove the tenant only under that writ with the sheriff or marshal present. Georgia has no shortcut around the court: lockouts, utility shutoffs and removing belongings without a writ are illegal.

The three-business-day notice comes from the Safe at Home Act (H.B. 404), which applies to residential leases entered into or renewed on or after July 1, 2024 (H.B. 404 § 6). Most Georgia leases have renewed since then, so assume it applies to yours.

Step 1: Read the lease, then demand possession

Start with the lease. The Georgia Department of Community Affairs handbook says the landlord must follow the lease's own notice and termination terms (DCA Landlord-Tenant Handbook, p. 17). Then demand possession under O.C.G.A. § 44-7-50(a):

The statute sets no notice period for a lease violation. A dated, written demand naming the violation and a move-out date is still the safe choice, because you'll have to prove the demand was made. The handbook suggests wording like "You must surrender possession and vacate the premises within ___ days after service of this notice."

A month-to-month tenancy (a tenancy at will) ends on 60 days' notice from the landlord or 30 days' notice from the tenant (O.C.G.A. § 44-7-7, as summarized in the DCA handbook). If the tenant stays after that date, demand possession and file.

Step 2: Deliver the demand the way the statute says

Both the demand for possession and the three-day notice to pay or vacate must be posted in a sealed envelope, conspicuously on the door, and also delivered by any other method the lease calls for, such as e-mail or mail (§ 44-7-50(d)). Check the notices clause of your lease before you serve anything, and keep a photo of the posted envelope and a copy of whatever else you sent.

Public housing authorities may serve the demand at the same time as the federally required lease termination notice, in a separate writing (§ 44-7-50(b)).

Step 3: File the dispossessory affidavit

If the tenant doesn't pay or leave, file a dispossessory affidavit under oath. You can file in superior, state or magistrate court, but most landlords use magistrate court in the county where the property is located because it moves faster (§ 44-7-50(a), (c); DCA handbook, p. 18). The affidavit may be sworn before the clerk or a notary.

According to the DCA handbook, the affidavit should state:

• Your name and the tenant's name
• The reason for the eviction
• That you demanded possession and were refused, and that you gave the three-day notice if rent is the issue
• The amount of rent or other money owed, if any

Step 4: Service, the answer and the tender defense

The sheriff or marshal serves the tenant personally, leaves the papers with a competent adult who lives there, or tacks them to the door and mails a copy ("tack and mail"). If service was by tack and mail and the tenant never answers or appears, the court can award possession but not rent or other money (DCA handbook, p. 18). If you want a money judgment, ask about personal service.

The tenant has seven days from service to answer, orally or in writing. A tenant who doesn't answer can be evicted without a hearing. If the answer raises a valid defense, the court usually holds a hearing within about seven days.

In a rent case, the tenant may stop the eviction by paying all the rent and fees you claim, plus court costs, within seven days of service. This tender defense is available only once in any 12-month period (§ 44-7-52, as described in the DCA handbook). If the case isn't decided within two weeks of service, the court can order the tenant to pay past-due and future rent into the court registry; a tenant who doesn't pay can be evicted.

Step 5: The writ of possession and appeals

If you win, ask the court for a writ of possession. The DCA handbook describes the writ as requiring the tenant to leave after seven days. Either side may appeal within seven days of the judgment. An appeal stops the writ, but a tenant who wants to stay during the appeal must pay rent into the court as the judge orders (DCA handbook, p. 20).

When the writ is executed, the sheriff supervises and you pay the cost of removal. The tenant's belongings go on some part of your land, or elsewhere such as the street if you and the officer agree. Use reasonable care moving them. If you take them somewhere else or leave them in the unit, the tenant may be able to sue you for taking them.

What you can't do

Georgia landlords cannot lock a tenant out, shut off utilities or otherwise force a tenant out without the dispossessory process, even if the tenant has broken the lease (DCA handbook, p. 17).

Retaliation is also restricted. If you file a dispossessory within three months after a tenant made a good-faith repair complaint or code complaint, or used another protected right, the law presumes retaliation unless you show a lawful reason, such as unpaid rent. A tenant who proves retaliation can recover one month's rent plus $500, court costs and possibly attorney's fees, minus any balance owed to you (O.C.G.A. § 44-7-24, as summarized in the handbook).

Before you file: check the numbers

Georgia doesn't cap late fees, but a fee must be in the lease and reasonable to hold up in court. The Georgia eviction laws page has the notice rules with statute links, and the late fee calculator helps you check the total. A late rent notice sent early often resolves things before formal notice is needed.

Security deposits are capped at two months' rent under the same 2024 act (O.C.G.A. § 44-7-30.1). The Georgia security deposit laws page covers the return rules once the tenant is gone. For how Georgia's notices compare with other states, see eviction notice types explained, and for the general process, how to evict a tenant. The Georgia lease agreement page covers the notice clauses worth putting in your next lease.

Sources

Official sources cited above (checked 2026-10-30):

• H.B. 404 (2024), Safe at Home Act, as passed: O.C.G.A. §§ 44-7-13, 44-7-30.1, 44-7-50 and applicability (§ 6)
• Georgia Department of Community Affairs, Georgia Landlord-Tenant Handbook (rev. 8-29-24)

Georgia publishes its official code only through a commercial vendor, so sections not in H.B. 404 (§§ 44-7-7, 44-7-24, 44-7-52) are cited as the DCA handbook describes them.