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Eviction in Fulton County (Atlanta), Georgia

Where eviction cases are filed in Fulton County (Atlanta), what it costs, local rent levels and where to get help — with the official court, county and HUD sources.

Quick facts: eviction in Fulton County (Atlanta)

Eviction court
Magistrate Court of Fulton County (Civil Division) — Magistrate court (dispossessory proceedings) Court page
Filing fee
$60 dispossessory filing + $35 Marshal service fee; $8 each additional defendant; $75 writ of possession/eviction Magistrate Court of Fulton County, Filing Fees
Notice before filing (state law)
Before filing a dispossessory affidavit for unpaid rent, late fees, utilities, or other charges, the landlord must give the tenant a notice to vacate or pay all past-due amounts within three business days. The notice must be posted in a sealed envelope conspicuously on the door of the property AND delivered by any additional method(s) agreed upon in the rental agreement. Georgia rules
HUD Fair Market Rent, 2-bedroom (FY2026)
$1,820/month HUD
Renter households
211,288 (46% of households) Census ACS 2020–2024

Last verified against official sources: 2026-10-22

Where eviction cases are filed in Fulton County (Atlanta)

Eviction cases in Fulton County (Atlanta) are heard by the Magistrate Court of Fulton County (Civil Division) (Magistrate court (dispossessory proceedings)).

Court eviction page · E-filing · Search court records · Self-help center

The court states the tenant has 7 days from service to file an answer; if an answer is filed a court date is set and the plaintiff is notified by mail. Landlords must confirm the service address is in Fulton County (Marshal's Department will not refund the service fee otherwise). Forms can be drafted with the Magistrate Court Guide and File system (https://georgia.tylertech.cloud/srl). The court's Housing Court Assistance Center / Self-Help Center offers free procedural information.

How much it costs to file an eviction in Fulton County (Atlanta)

$60 dispossessory filing + $35 Marshal service fee; $8 each additional defendant; $75 writ of possession/eviction

Court says fees are subject to change; no personal checks (money orders, cashier's/certified/business checks accepted). Fee waiver: pauper's affidavit under Georgia law (not described on this page).

Source: Magistrate Court of Fulton County, Filing Fees

How eviction cases work locally

Answer deadline and hearing schedulingTenant has 7 days from service to answer; if no answer, eviction may be requested on the 8th day. If an answer is filed, a court date is set and the plaintiff is notified by mail.
Source: Official source
Writ executionOnce a writ of possession is issued, an eviction must be requested within 30 days of the date of service or a new dispossessory affidavit must be filed.
Source: Official source
ServiceDispossessory affidavits are served by the Fulton County Marshal's Department; service fee is paid with the filing fee.
Source: Official source

The Georgia eviction process

Georgia state law sets the notice periods and court steps everywhere in the state, including Fulton County (Atlanta):

  1. Demand for possession; for nonpayment, a notice to vacate or pay within 3 business days, posted in a sealed envelope on the door and delivered by any additional method in the lease (O.C.G.A. § 44-7-50(c)-(d))
  2. Landlord files a sworn dispossessory affidavit
  3. Summons served by sheriff/deputy, constable, or (since 7/1/2025) an approved process server: personal service, an adult resident, or post-and-mail the same day; tack-and-mail alone supports possession but not a money judgment if tenant defaults
  4. Tenant answers orally or in writing within 7 days of service (tendering all rent allegedly owed plus the cost of the dispossessory warrant within 7 days of service is a complete defense, which the landlord must accept only once in any 12-month period); if the case is not decided within 2 weeks, tenant must pay rent into court
  5. Hearing (usually within about 7 days if a valid defense is raised); judgment
  6. Writ of possession after 7 days; sheriff supervises removal and property is placed on landlord's land. Either party may appeal within 7 days; tenant must pay rent into court to stay in the unit

Full Georgia eviction rules with sources →

Rent in Fulton County (Atlanta)

HUD FY2026 Fair Market Rents for the Atlanta-Sandy Springs-Roswell, GA HUD Metro FMR Area (the rent levels used for Section 8 vouchers):

Studio$1,585
1 bedroom$1,660
2 bedrooms$1,820
3 bedrooms$2,182
4 bedrooms$2,605

Source: HUD Fair Market Rent documentation

Median gross rent in Fulton County (Atlanta): $1,732/month (Census ACS 2020–2024 5-year estimates).

County tenant ordinance

No county-level landlord-tenant ordinance identified. City of Atlanta rules (if any) belong on the city page.

Eviction help in Fulton County (Atlanta)

Free legal help

City rules in Fulton County (Atlanta)

Other Georgia counties

Related

Frequently asked questions

Where do I file an eviction in Fulton County (Atlanta)?
Eviction cases in Fulton County (Atlanta) are filed with the Magistrate Court of Fulton County (Civil Division).
How much does it cost to file an eviction in Fulton County (Atlanta)?
$60 dispossessory filing + $35 Marshal service fee; $8 each additional defendant; $75 writ of possession/eviction.
Where can I get help with an eviction in Fulton County (Atlanta)?
Atlanta Legal Aid Society; Atlanta Volunteer Lawyers Foundation; Georgia Legal Aid (GeorgiaLegalAid.org eviction information).
What is the fair market rent in Fulton County (Atlanta)?
HUD's FY2026 Fair Market Rent for a 2-bedroom unit is $1,820 per month (1-bedroom: $1,660).

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.