What is the eviction process in Georgia?

Georgia eviction is called a "dispossessory" proceeding, governed by O.C.G.A. § 44-7-50 et seq.

1. Demand for Possession

O.C.G.A. § 44-7-50(a) requires the landlord to first demand possession. There is no minimum statutory waiting period under state law (the statute says immediately upon failure to pay or holdover), but most landlords give a 7-day demand as a courtesy or per lease. Demand may be oral or written.

2. Filing the Dispossessory Affidavit

Landlord files a dispossessory affidavit in the Magistrate Court of the county where the property sits (some counties use State or Municipal Court). Filing fee is approximately $60-$100 plus sheriff service.

3. Service

Sheriff or marshal personally serves the tenant; if no one is home, may "tack and mail" by attaching to the door and mailing a copy.

4. Tenant Answer

Tenant has 7 days from service to file a written or oral answer (§ 44-7-51). If no answer, landlord obtains a default writ of possession.

5. Trial

If tenant answers, court sets a trial — usually within 14-30 days. Tenant may pay all past-due rent plus court costs once per 12 months to halt the case (the "tender defense," § 44-7-52). Either side may demand a jury.

6. Judgment and Writ of Possession

If landlord wins, court enters judgment for past-due rent and possession. 7-day writ: writ of possession may be issued 7 days after judgment (§ 44-7-55(c)).

7. Sheriff/Marshal Set-Out

Sheriff or marshal schedules a set-out, removing the tenant and personal property to the right-of-way.

8. Tenant Defenses

Tender of full payment (§ 44-7-52), failure to repair after written notice (§ 44-7-13), retaliation, improper service, fair housing violations, and rent withholding for serious habitability defects (limited).

This is legal information, not legal advice.