Georgia Eviction Process & Laws | Free GA Eviction Notices

A Georgia eviction is a process that begins with the sending of a notice to a lessee that has either violated the terms of their rental contract or are in a tenancy at will. If the lessee did not pay their rent the landlord is to notify the tenant that they need to pay immediately or forcible entry and detainer will be filed against them. In the same respect, if the tenant does not vacate within sixty (60) days, the landlord may follow the Dispossessory Process Instructions.

NonPayment Laws - Immediate § 44-7-50

NonCompliance Laws - No statute

Month to Month Laws - 30 days if given to landlord, 60 days if sent to tenant Section 44-7-7

Forcible Entry and Unlawful Detainer Laws - Georgia Landlord Tenant Handbook

Types of Notice

Georgia 30/60 Day Notice to Quit | Month to Month Tenancy

The Georgia 30 day (60 days for the landlord) notice to quit, according to Section 44-7-7, is used when a landlord or tenant wants to terminate the lease/rental agreement. Georgia law requires that a landlord give the tenant a minimum of sixty (60) days notice when there is no written lease…

Georgia Notice to Pay or Quit | NonPayment of Rent

The Georgia notice to pay or quit, according to § 44-7-50, is a notice that is not required to be given by the landlord to the tenant. Rather it is given out of good intentions to inform the lessee that they are behind on their payment and if they do not…

Process How to Evict a Tenant

Step 1 – Tenants in the State of Georgia who have not paid their rent (or have committed a lease violation) do not need to receive a written notice to quit/vacate. However, before the landlord can file a “dispossessory affidavit” (aka eviction suit) in court, the tenant must be informed that they are required to either pay the past due rent/cure the lease violation, or vacate the rental property within a certain time frame.

Note: This does not need to be a written notice, however it’s good practice to establish a trail of documentation. Georgia does not have a required notice period for evictions (unless one is explicitly stated in the lease/rental agreement).

Step 2 – If the tenant fails to pay the rent/stop the lease violation(s), the landlord can file the affidavit. After the court has filed the affidavit, a summons will be served to the tenant. The tenant has seven days to answer the summons. The summons will be served by the Sheriff’s department or a police officer. The tenant can answer the summons by mail or in-person at the court. If an answer is made, the court will set a date for a hearing. If the tenant does not answer the summons, the landlord can request a default judgement (after which a Writ of Possession will be issued). The Writ will be served to the tenant by the Sheriff. After being served, the tenant will have no more than 24 hours to vacate the rental unit.

Step 3 – At the eviction hearing, the Judge will examine both sides of the case, allowing testimony from each party. If the landlord  wins the case, the tenant will be served a Writ of Possession (typically giving them no more than 10 business days to vacate the rental property).

Note: A judgement for financial damages may be issued if it was demanded by the landlord, and the warrant/summons was personally served by the Sheriff.