✓ Law Verified June 2026
Facing eviction in Georgia? This guide explains the georgia eviction process step by step — the exact notice periods, the court timeline, your defenses, and what your landlord legally cannot do. All figures are from Georgia law, verified as of June 2026.
In This Georgia Guide:
Georgia Eviction Notice Periods
Before a landlord can file an eviction lawsuit in Georgia, they must serve you a written notice. The number of days depends on the reason:
| Reason for Eviction | Notice Period |
|---|---|
| Nonpayment of rent | 3 business days. Under HB 404 (effective 2024), the landlord must serve a written “notice to vacate or pay” giving the tenant 3 business days (weekends and holidays do not count) to pay all rent, late fees, utilities, or other charges due — or vacate the premises (OCGA § 44-7-50). Tenants who are elderly, disabled, or experiencing documented hardship may request a 14-day extension on top of the 3 business days. |
| Lease violation | No specific number of days is set by Georgia statute. The landlord must serve a written demand for possession and provide a “reasonable” period for the tenant to cure the violation (OCGA § 44-7-50). In practice, 3 to 5 days is typical. For severe violations or illegal activity, the landlord may file the dispossessory action immediately after demanding possession. The lease itself may specify a cure period — check your lease terms. |
| No-cause / end of tenancy | 60 days for tenancy-at-will or month-to-month tenancies. Under OCGA § 44-7-7, the landlord must give 60 days written notice to terminate a tenancy at will; the tenant need only give 30 days. For fixed-term leases, the landlord generally cannot terminate without cause before the lease expires — the lease simply ends at its stated term. |
| Holdover tenant | No mandatory waiting period. When a tenant holds over after the lease expires, the landlord may immediately serve a written demand for possession. If the tenant refuses to leave, the landlord can file a dispossessory action right away (OCGA § 44-7-50). |
| Tenant must respond within | 7 days from the date of service. The tenant must file a written or oral answer to the dispossessory affidavit within 7 days (if the 7th day falls on a weekend or holiday, the deadline extends to the next business day). IMPORTANT: If the eviction is for nonpayment of rent, the tenant may tender the full amount of rent owed to the landlord within this same 7-day period to stop the eviction — but this right can only be used once in any 12-month period (OCGA § 44-7-52(a)). |
| Realistic total timeline | 14 to 45 days in most cases. Fastest scenario (nonpayment, no contest): 3 business days notice + 7 days answer period + hearing within 7 days + 7 days writ = roughly 24 to 30 days. If the tenant files an answer and contests the eviction, or if the court calendar is backed up, the process can take 45 to 60 days or longer. Jury trial requests, appeals, or continuances can extend this further. |
How the Eviction Lawsuit Is Filed in Georgia
The landlord files a dispossessory affidavit (Georgia’s name for an eviction lawsuit) with the Magistrate Court in the county where the property is located. Superior Court and State Court also have jurisdiction. Filing fees vary by county — typically 50 to 80 for one defendant (e.g., Clayton County charges 50, Athens-Clarke County charges 79, Effingham County charges 80), plus 25 for each additional defendant.
The court summons is then served on the tenant by the county sheriff, marshal, or constable — either in person, or by leaving it with a household member and posting it on the door plus mailing a copy by first-class mail (OCGA § 44-7-51).
Hearing timeline: Georgia law does not set a fixed number of days between filing and the hearing. After the tenant’s 7-day answer period expires, the court schedules a hearing and notifies both parties. In practice, hearings are typically set within 7 to 14 days after the answer deadline, but this varies by county and court backlog.
Writ of possession / lockout: 7 days. If the court rules in the landlord’s favor, a writ of possession is issued. The tenant typically has 7 days from issuance of the writ to vacate before law enforcement (sheriff, marshal, or constable) enforces the removal (OCGA § 44-7-55).
Tenant Defenses Against Eviction in Georgia
Depending on your situation, you may be able to raise defenses such as:
- Georgia tenants may raise several defenses to fight or delay an eviction: (1) Improper notice — the landlord did not serve a proper written demand for possession or did not give the required number of days. (2) Retaliation — under OCGA § 44-7-24
- if the landlord filed the eviction within 3 months of the tenant exercising a legal right (reporting code violations
- requesting repairs
- joining a tenant organization)
- the tenant can assert retaliatory eviction. If proven
- the tenant may recover one month’s rent plus 500
- court costs
- and reasonable attorney fees. (3) Habitability — under Georgia’s Safe at Home Act
- landlords owe a duty of habitability. Tenants can defend against eviction if the landlord failed to maintain safe
- habitable conditions and the tenant properly notified the landlord of needed repairs. (4) Discrimination — eviction based on race
No defense is guaranteed — but raising a valid one can delay or stop the eviction.
What Your Landlord CANNOT Do
In Georgia, a landlord cannot evict you without a court order. Georgia law strictly prohibits self-help evictions. A landlord CANNOT: (1) Change the locks or otherwise lock the tenant out of the property without a court order. (2) Shut off utilities (heat, cooling, water, electricity) to force the tenant out — this is specifically prohibited under OCGA § 44-7-14.1, and is illegal even while an eviction case is pending until after the judge makes a final ruling.
(3) Remove the tenant’s personal property or belongings from the unit without a court-ordered writ of possession.
(4) Remove doors, windows, or make the unit uninhabitable to force the tenant to leave. (5) Threaten or harass the tenant to coerce them into leaving. Only law enforcement (sheriff, marshal, or constable) can physically remove a tenant, and only after a court has issued a writ of possession (OCGA § 44-7-55(d)).
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Tenants who experience an illegal lockout or utility shutoff should call local law enforcement and may have grounds for a civil lawsuit against the landlord.
Free legal help: Georgia tenants facing eviction can get free legal help from several organizations: (1) Georgia Legal Services Program (GLSP) — serves tenants outside metro Atlanta. Call 1-833-457-7529 or (404) 206-5175, or apply online at glsp.org. (2) Atlanta Legal Aid Society — serves tenants in Fulton, DeKalb, Gwinnett, Clayton, and Cobb counties.
Call (404) 524-5811. (3) Atlanta Volunteer Lawyers Foundation (AVLF) Housing Court Assistance Center — free walk-in legal clinic for tenants facing eviction in Fulton County.
(4) GeorgiaLegalAid.org — statewide online resource with legal information, self-help tools, and referrals for eviction cases. (5) Your county’s magistrate court may have a self-help center or legal aid referral list — ask the court clerk.
Other Georgia eviction rules: (1) Georgia calls its eviction lawsuit a “dispossessory proceeding” — not an “unlawful detainer” as in many other states. (2) The one-time rent tender rule: a tenant facing eviction for nonpayment can stop the case by paying all rent owed within the 7-day answer period, but this right can only be used once per 12-month period (OCGA § 44-7-52(a)).
(3) HB 404 (effective 2024) changed the nonpayment notice from a general “demand for possession” to a specific 3-business-day “notice to vacate or pay,” and added the 14-day extension for elderly, disabled, or hardship tenants.
(4) Georgia’s Safe at Home Act established a statutory duty of habitability, requiring landlords to provide rental housing free of health and safety risks — this is relatively new for Georgia, which historically had very limited habitability protections. (5) There are three grounds for a dispossessory action: nonpayment of rent, holding over beyond the lease term, and holding over after a foreclosure sale.
(6) Tenants have the right to a jury trial in a dispossessory case if requested. (7) The landlord bears the burden of proving that proper notice was given.
You May Also Like
Official Georgia Sources & Resources
- Georgia Courts / Judiciary: https://www.georgiacourts.gov
- Georgia Eviction Statute: https://law.justia.com/codes/georgia/title-44/chapter-7/article-3/
- U.S. Department of Housing and Urban Development: hud.gov
- Cornell Legal Information Institute: law.cornell.edu/wex
Understanding the Georgia Eviction Process
The Georgia eviction process follows a strict legal sequence — notice, then filing, then hearing, then judgment, then enforcement. A landlord who skips any step in the Georgia eviction process is acting illegally, and you may have grounds to have the case dismissed. Understanding the Georgia eviction process gives you the ability to spot errors in the notice, raise valid defenses, and buy time to find housing or legal help.
Never ignore an eviction notice — responding within the deadline is the most important step in the entire Georgia eviction process.
This Georgia eviction guide was last verified against official sources in June 2026. If you are facing eviction, contact a local legal-aid office immediately.
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Disclaimer: This guide is informational only and is not legal advice. Landlord-tenant laws change and vary by city and county within a state. Verify current rules with your state, your local court, or a free legal-aid office before acting. If you are facing eviction, contact a local tenant attorney or legal-aid organization right away.