Learn how to legally evict a tenant in Georgia in 2025. This updated step-by-step guide helps landlords understand the eviction process, notice periods, court procedures, and tenant rights.

1. What Is an Eviction?

An eviction is a legal action filed by a landlord to remove a tenant from a rental property. In Georgia, eviction is referred to as a “dispossessory proceeding.” It must follow strict procedures laid out in Georgia Code Title 44, Chapter 7. Landlords cannot self-evict a tenant or change locks without a court order—even if rent is unpaid.

2. Legal Grounds for Eviction in Georgia (2025)

You can’t evict a tenant without a legal reason. Under Georgia law, the most common grounds for eviction in 2025 include:

• Non-payment of rent (most common)
• Violation of lease terms (unauthorized pets, guests, illegal activities)
• End of lease term (tenant refuses to vacate after expiration)
• Holdover tenant (tenant stays without permission after termination)
• Property damage or nuisance behavior

💡 Note: Verbal lease agreements are legal in Georgia, but written leases are easier to enforce in court.

3. Step-by-Step Eviction Process for Georgia Landlords

Here is the legal eviction process in Georgia for 2025, broken down:

Step 1: Provide Proper Notice to Vacate

There is no formal written notice required by Georgia law before filing for eviction for non-payment of rent. However, it’s recommended to give a 3-day notice (especially if lease requires it).

🚨 Important: For lease violations or end-of-term evictions, a written notice with a reasonable timeframe (typically 30 days) is considered standard practice.

Step 2: File a Dispossessory Affidavit

If the tenant refuses to vacate, the landlord must file a dispossessory affidavit in the Magistrate Court of the county where the property is located. Filing fees range from $60 to $85, depending on the county.

Step 3: Service of Summons

The court will issue a summons, which the sheriff or a court officer will serve to the tenant via:

• Personal delivery
• Tack and mail (posting it on the door + mailing)

Step 4: Tenant’s Response Time

The tenant has 7 calendar days from the date of service to file an answer in court.

• If they fail to respond, the landlord can request a default judgment.
• If they respond, the court schedules a hearing date.

Step 5: Court Hearing

Both parties present their evidence. If the landlord wins, the judge issues a writ of possession after 7 days (if the tenant hasn’t vacated).

4. How Much Notice Is Required to Evict in Georgia?

Georgia has flexible notice laws:

Always refer to the lease agreement first. Many leases include specific notice periods that supersede general law.

5. Tenant Defenses That Can Delay or Dismiss an Eviction

Even if the landlord files everything correctly, tenants in Georgia may raise defenses such as:

• Landlord failed to repair essential services (heat, water, plumbing)
• Discrimination (race, gender, disability)
• Retaliation (e.g., eviction filed after tenant complained to code enforcement)
• Improper notice or filing
• Landlord accepted partial rent after notice

📌 Tip for Landlords: Keep thorough records—emails, photos, receipts, lease copies—to defend your case.

6. Court Proceedings and Writ of Possession

If the court rules in favor of the landlord, a writ of possession is issued after a 7-day waiting period. This allows the tenant time to vacate voluntarily.

If they don’t leave, the sheriff executes the writ, removing the tenant by force if needed. Landlords must never remove a tenant personally.

7. Sheriff’s Role in Georgia Evictions

Only the county sheriff has authority to physically remove a tenant and oversee the process. The landlord must coordinate with the sheriff’s office to schedule the eviction.

• Sheriff will post a 24-hour notice before coming.
• The landlord must provide movers and labor if tenant belongings need to be removed.
• Items are typically placed at the curbside, weather permitting.

8. Common Mistakes Landlords Must Avoid

• Changing locks without court order (illegal eviction)
• Not filing in the correct county court
• Accepting partial rent after filing
• Failing to follow the lease’s notice requirement
• Removing tenant belongings without sheriff present

🛑 These mistakes can delay eviction or result in lawsuits.

9. Tips to Avoid Legal Disputes During Eviction

• Use a written lease with clear rules.
• Keep records of all notices and payments.
• Avoid verbal agreements—especially for payments.
• Communicate formally (written notices, certified mail).
• Hire an attorney for complicated cases or multiple units.

10. Final Thoughts

Evicting a tenant in Georgia isn’t difficult, but it must be legally correct. In 2025, courts are leaning heavily on tenant protection, so landlords must follow each step properly. Never attempt “self-help” eviction, and always document every communication.

Remember, eviction is a legal process—not a personal one. Acting within the law helps you protect your rights, your property, and your peace of mind.

20 Detailed FAQs on Georgia Eviction Laws (2025) – Landlord’s Legal Guide

Meta Description:
Get answers to the top 20 eviction-related questions landlords in Georgia ask in 2025. Learn legal steps, tenant defenses, notice rules, and court procedures with real-world solutions.

1. How long does the eviction process take in Georgia (2025)?

The typical eviction timeline in Georgia takes 2 to 6 weeks, depending on:

• Whether the tenant responds to the court notice
• Availability of court hearing dates
• Delays in sheriff scheduling

Quick Tip: If the tenant doesn’t respond within 7 days of service, you can request a default judgment, which speeds things up.

2. Can I evict a tenant without a written lease?

Yes. Georgia allows landlords to evict tenants with verbal rental agreements, especially in month-to-month leases. However, you must still:

• Provide reasonable notice (typically 30 days)
• Follow the dispossessory process through Magistrate Court

Solution: Always move to a written lease—it helps in court and prevents misunderstandings.

3. What are valid reasons to evict a tenant in Georgia?

Georgia law allows landlords to evict for:

• Non-payment of rent
• Lease violations (pets, unauthorized occupants)
• Expired lease (and refusal to vacate)
• Property damage or illegal activity
• Holding over after notice to leave

Important: You can’t evict simply because you don’t like the tenant.

4. Do I have to give a written eviction notice first?

For non-payment of rent, Georgia law doesn’t require a written notice—but it’s best to give a 3-day notice to pay or quit as a courtesy or if the lease says so.

For other reasons, like lease violations or month-to-month terminations, a 30-day written notice is typically required.

Pro Tip: Use certified mail or post it on the door with a photo for proof.

5. How do I file for eviction in Georgia?

File a Dispossessory Affidavit with your county Magistrate Court. You’ll need:

• Your lease agreement
• Details of non-payment or lease breach
• Property and tenant information

Filing fees are around $60–$85. The court will issue a summons to the tenant.

6. What happens if the tenant doesn’t respond to the eviction filing?

The tenant has 7 days from the date of receiving the summons to file an answer. If they don’t, you can request a default judgment, and the court may issue a writ of possession.

7. What if the tenant fights the eviction?

If the tenant files an answer, the court will set a hearing date. They may raise defenses like:

• Uninhabitable conditions (no water, mold, broken HVAC)
• Discrimination or retaliation
• Improper notice or filing errors

Landlord Tip: Bring all your evidence—lease, payment records, photos, texts, emails—to court.

8. Can I remove the tenant myself after I win in court?

No. Georgia law prohibits self-help eviction. Only the county sheriff can execute a writ of possession.

If you try to:

• Change the locks
• Shut off utilities
• Toss out belongings

You can be sued for illegal eviction, even if you won the court case.

9. What is a Writ of Possession in Georgia?

A Writ of Possession is a court order allowing the sheriff to physically remove the tenant. It is issued 7 days after a judgment unless the tenant files an appeal or leaves voluntarily.

10. How does the sheriff handle the eviction?

Once scheduled, the sheriff:

• Posts a 24-hour notice on the door
• Arrives at the property with the landlord or movers
• Oversees removal of the tenant and belongings

Landlord Responsibility:
You must provide:

• Movers (labor)
• Storage arrangements if necessary
• Trash removal (if required by city ordinance)

11. What if the tenant leaves belongings behind?

In Georgia, once a tenant is lawfully evicted, any abandoned property can be discarded. However, some cities encourage landlords to:

• Store items for 7–10 days
• Notify the tenant in writing

To avoid disputes, add a clause in your lease about abandoned property.

12. Can I accept partial rent after filing eviction?

Be cautious. Accepting partial rent after filing may weaken your case or reset the clock. The court might interpret it as a waiver of default.

Best Practice: If you accept money, issue a clear written agreement stating it does not cancel the eviction.

13. Can I evict a tenant during winter or pregnancy?

Yes. Georgia law does not restrict eviction based on weather, pregnancy, or children. However, courts may delay enforcement slightly in extreme hardship cases.

Solution: Document your financial hardship as well—this helps support urgency if delays are requested.

14. Can I evict a tenant who reports me to Code Enforcement?

You cannot evict a tenant in retaliation for reporting you. Georgia law protects tenants from retaliatory eviction within 3 months of:

• Filing a complaint
• Joining a tenant union
• Requesting repairs

If you have valid, non-retaliatory grounds, you must prove it in court.

15. What if the tenant is using drugs or causing violence?

Call law enforcement first. If there’s criminal activity, get a police report, then begin eviction for illegal activity or lease violation.

You may file for immediate eviction for:

• Drug use/distribution
• Weapons possession
• Threats or assault

These are serious and often expedited by courts.

16. Can I evict for unauthorized occupants or pets?

Yes, if your lease prohibits them. You must:

• Serve a notice to cure or quit (typically 3–7 days)
• File eviction if they don’t comply

Proof matters—gather photos, security footage, or neighbor statements if needed.

17. Can a tenant appeal an eviction decision in Georgia?

Yes, a tenant can file an appeal within 7 days of the judgment. During this time, the writ of possession is paused.

They must pay the court-ordered rent into the court registry monthly during the appeal.

18. What if the lease expires and the tenant doesn’t leave?

They are considered a “holdover tenant.” You must:

• Serve a 30-day notice (if month-to-month)
• Then file for eviction if they still won’t leave

Don’t accept rent after expiration unless you want to renew tenancy.

19. Can I charge the tenant for eviction costs?

Yes, but only if your lease allows it. You may recover:

• Filing fees
• Attorney fees
• Sheriff service charges

These must be documented and may be awarded in court.

20. What if the tenant pays rent before the hearing—can I still evict?

If the full amount of rent is paid and the landlord accepts it, the case may be dismissed unless there are other violations.

Solution: Use a “no waiver” rent receipt clearly stating that eviction will continue despite payment.