What is the eviction process in Georgia?

1. Statutory Framework. Georgia eviction is a dispossessory proceeding under O.C.G.A. §§ 44-7-50 to 44-7-59.

2. Pre-Filing Notice. Georgia requires a demand for possession before filing (O.C.G.A. § 44-7-50), but no statutory notice period for nonpayment unless the lease specifies one. For tenants at will, 60 days' written notice from the landlord (O.C.G.A. § 44-7-7) is required to end the tenancy. The demand may be oral or written and is satisfied if the tenant refuses possession.

3. Filing the Complaint. File the dispossessory affidavit in the magistrate court of the county where the property is located. Filing fee is approximately $60-$85 plus sheriff service.

4. Tenant Answer / Default. Tenant has 7 days from service to answer (O.C.G.A. § 44-7-51); answer may be oral or written. Failure to answer results in default writ of possession.

5. Hearing. Trial is held promptly after answer. Tenant may pay all past-due rent within 7 days of answer to stop the eviction once per 12-month period (O.C.G.A. § 44-7-52). Defenses include implied duty to repair (O.C.G.A. § 44-7-13), retaliation (O.C.G.A. § 44-7-24), and FHA discrimination.

6. Writ of Possession. Writ of possession issues after 7 days from judgment for landlord (O.C.G.A. § 44-7-55). Sheriff executes the eviction, removing tenant and belongings to the curb.

7. Self-Help Prohibition. Georgia common law and O.C.G.A. § 44-7-14.1 prohibit landlord self-help; the dispossessory statute is the exclusive remedy. Violations expose landlord to wrongful eviction damages and tort liability.

8. CARES Act. Federally-backed properties still require a 30-day notice to vacate under 15 U.S.C. § 9058 for nonpayment.

9. Just-Cause. Georgia has no statewide just-cause requirement.

This is legal information, not legal advice.