How to Evict a Tenant in Georgia (2026)
The legal steps for landlords in Georgia — the notice, the court case, costs, timeline and the mistakes that get cases thrown out — with the statute or official page behind each step.
Short answer: In Georgia a landlord must give the required written notice, file an eviction case in court if the tenant doesn't pay or leave, win a judgment, and have a sheriff or other officer carry out the removal. Changing the locks or removing belongings yourself is not allowed.
Step 1: Have a legal reason and give the right notice
| Unpaid rent | 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. |
|---|---|
| Lease violation | No statutory cure period. Landlord must demand possession before filing for eviction, and lease notice terms must be followed. For leases entered into or renewed on or after July 1, 2024, the demand for possession must be posted in a sealed envelope conspicuously on the door of the property and also delivered by any additional method agreed in the lease. |
| Ending a month-to-month tenancy (no fault) | Tenancy at will (no written lease, or expired lease with landlord allowing the tenant to stay): landlord must give 60 days' notice; tenant must give 30 days' notice. Rent changes for a tenancy at will also require 60 days' notice (Handbook). |
Local rent-control or just-cause rules can limit evictions: Local rent control is preempted. No county or city may enact, maintain, or enforce any ordinance or resolution regulating the rent charged for privately owned single-family or multi-unit residential rental property. Exceptions: property the local government (or its authority) owns, and voluntary agreements with private persons that regulate rent. No statewide rent cap.
Step 2: Write and deliver the notice correctly
| What the notice must say | Before filing a dispossessory affidavit for unpaid rent, late fees, utilities or other charges, the landlord must give a notice to vacate or pay all past-due rent, late fees, utilities and other charges owed within 3 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 in the rental agreement. No statutory wording is prescribed. Public housing authorities may give it concurrently with the federal lease-termination notice in a separate writing. |
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| How it must be delivered | For leases signed or renewed on or after July 1, 2024, the demand for possession and the new 3-business-day notice to vacate or pay must be posted in a sealed envelope conspicuously on the door of the property, AND delivered by any additional method(s) agreed to in the rental agreement (e.g., mail or e-mail, if the lease provides for it). After the landlord files, the court summons must be served personally by the sheriff or constable. If that fails, it may be left with a resident of legal age. If no one is found, it may be posted on the door and mailed first-class the same day. With posting-and-mail service, the court can award possession by default but not money. |
Notice forms:
- Georgia notice to pay rent or quit — requirements and free draft
- Georgia notice to end a month-to-month tenancy — requirements and free draft
Step 3: File the eviction case and go to the hearing
Eviction cases in Georgia are heard in: Magistrate Court of the county where the property is located (can also be filed in State or Superior Court).
- 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))
- Landlord files a sworn dispossessory affidavit
- 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
- 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
- Hearing (usually within about 7 days if a valid defense is raised); judgment
- 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
Court timing: Answer due within 7 days of service (next business day if the 7th day falls on a weekend or holiday).
How long it takes to evict a tenant in Georgia
For unpaid rent, the notice period is 3 business days; after that comes the court process (filing, service, the tenant's answer and a hearing), then the final order and removal by an officer. Uncontested cases move fastest; a contested case, an appeal or a crowded court adds weeks. See how long evictions take in every state.
How much it costs to evict a tenant in Georgia
Court filing and service fees are set locally. Verified fees in the largest Georgia counties:
| County | Filing and service fees |
|---|---|
| Fulton County (Atlanta) | $60 dispossessory filing + $35 Marshal service fee; $8 each additional defendant; $75 writ of possession/eviction |
| DeKalb County (Decatur) | $104 to file a dispossessory warrant + $50 Marshal service per named defendant; writ of possession: $13 application fee + $75 Marshal service fee |
| Gwinnett County (Lawrenceville) | $60 filing + $25 sheriff service per defendant ($85 total for one defendant); $25 to the Gwinnett Sheriff to serve the writ of possession |
| Cobb County (Marietta) | $60.50 dispossessory filing + $25 Sheriff's entry of service per defendant |
| Chatham County (Savannah) | $53 dispossessory warrant + $25 service per defendant + $0.82 stamp fee per filing if a stamp is not provided |
| Clayton County (Jonesboro) | $50.00 dispossessory filing fee for one defendant + $25.00 service fee per case (Court's designated process server) |
| Muscogee County (Columbus) | $44 dispossessory warrant without money judgment; $46–$61 with a money judgment (by amount claimed, up to $15,000); $5 writ (eviction); $6 each additional defendant |
| Richmond County (Augusta) | Magistrate Court: $112 affidavit + Marshal service on one tenant; $172 for two; $232 for three; $60 per Marshal re-service; $65 judgment and writ of possession (paid at filing) |
| Clarke County (Athens) | $79 for one defendant + $25 for each additional defendant |
| Bibb County (Macon) | $79 filing & docketing (one service fee included) + $8 each additional defendant plus service fee; $25 judgment and writ of possession |
Add the cost of a lawyer if you hire one, lost rent during the case, and any writ or officer fee to remove the tenant.
Evicting someone without a lease (family member, roommate, guest or squatter)
| Someone with no written lease who pays rent (month-to-month / at will) | Tenancy at will (no written lease, or expired lease with landlord allowing the tenant to stay): landlord must give 60 days' notice; tenant must give 30 days' notice. Rent changes for a tenancy at will also require 60 days' notice (Handbook). |
|---|---|
| Someone who was never a tenant (squatter / unauthorized occupant) | Two tracks, both without a regular eviction. (1) Intruder affidavit: the owner (or agent/attorney) swears an affidavit that they claim possession in good faith and the named occupant does not, and gives it to the sheriff, deputy, constable, marshal or other POST-certified officer, who shows it to the occupant and removes them once 3 days have passed, unless the occupant tenders a counteraffidavit claiming a good-faith legal right to possession. A counteraffidavit sends the matter to a nonjury magistrate court trial; if the occupant's claim is not meritorious, removal follows by writ of possession, and the court may award fair-market rent for the occupancy. (2) Criminal 'unlawful squatting' (entering and residing on another's property without the owner's knowledge or consent): the person is cited and has 3 business days to present documentation (e.g., a lease or rent receipts) to the law enforcement agency or face arrest; if documents are produced, a hearing is held within 7 days, and fake or non-meritorious documents lead to removal, arrest and a fine based on fair-market monthly rent. Misdemeanor. |
Mistakes that get eviction cases dismissed — or get landlords sued
| Changing locks / shutting off utilities | Self-help eviction is illegal: landlord cannot remove a tenant or block access without the court dispossessory process. A landlord may not knowingly and willfully suspend a tenant's utility service before the final disposition of a dispossessory case the landlord has filed against that tenant; 'utilities' means cooling, heat, light, and water service. Violation is a crime punishable by a fine of up to $500. |
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| Retaliation | Landlord may not retaliate because a tenant, in good faith, asserted a lease or legal right, asked for repairs or used a remedy under the landlord-tenant chapter, complained to a housing or code enforcement agency or a utility about a condition the landlord must fix, or formed or joined a tenant organization about habitability. A tenant makes a prima facie case of retaliation if, within 3 months after the protected act, the landlord files for eviction (with exceptions), deprives the tenant of use of the premises, reduces services, raises rent, terminates the lease, or materially interferes with the tenant's lease rights. Retaliation is a defense to eviction. Remedy: a civil penalty of one month's rent plus $500, court costs, reasonable attorney's fees if the conduct was willful, wanton or malicious, and declaratory relief, minus any rent or other sums the tenant owes. Source: O.C.G.A. § 44-7-24 |
| Accepting rent after the notice | No statute on whether accepting rent after a notice waives the eviction — this is left to Georgia case law. The statute instead gives residential tenants a 'tender' defense: within 7 days after being served with a dispossessory summons for nonpayment, the tenant may pay all rent claimed plus the cost of the dispossessory warrant, and that is a complete defense. A landlord must accept this tender only once in any 12-month period. If the landlord wrongly refused the tender, the court orders payment within 3 days or a writ issues. Source: O.C.G.A. § 44-7-52 |
Federal rules that can change the process
- Servicemembers Civil Relief Act: eviction protection: A landlord may not evict a covered servicemember or their family during military service without a court order. When the servicemember's ability to pay is materially affected by service, the court must on request stay the case for 90 days or adjust the lease. Knowingly evicting without a court order is a federal misdemeanor. More
- VAWA housing protections: An applicant or tenant cannot be denied, evicted or cut off from assistance because they are or were a victim of domestic violence, dating violence, sexual assault or stalking. The abuse cannot be treated as a serious lease violation by the victim. The landlord may 'bifurcate' (split) the lease to evict the abuser and keep the victim housed. Covered programs must also have an emergency transfer plan. A transfer is available on request if the tenant reasonably fears imminent harm, or if a sexual assault happened on the premises within the prior 90 days. More
- CARES Act 30-day notice to vacate (covered dwellings): The landlord of a covered dwelling may not require the tenant to leave until 30 days after giving a notice to vacate. The 120-day filing moratorium in the same section expired in July 2020, but the 30-day notice subsection has no expiration date in its text. More
- HUD 30-day nonpayment notice (public housing and project-based Section 8): Before filing an eviction for nonpayment, the landlord must give written notice at least 30 days in advance. The notice must itemize the rent owed by month, explain how to pay it off and by what date, and explain how to recertify income or request a hardship exemption. The notice cannot be served before the day after rent is due. If the tenant pays the amount owed within the 30 days, the landlord may not file the eviction. More
Georgia eviction FAQ for landlords
How much notice does a landlord have to give to evict for unpaid rent in Georgia?
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.
How much does it cost to evict a tenant in Georgia?
Court fees are set locally — for example, Fulton County (Atlanta): $60 dispossessory filing + $35 Marshal service fee; $8 each additional defendant; $75 writ of possession/eviction.
Can a landlord change the locks to evict a tenant in Georgia?
Self-help eviction is illegal: landlord cannot remove a tenant or block access without the court dispossessory process. A landlord may not knowingly and willfully suspend a tenant's utility service before the final disposition of a dispossessory case the landlord has filed against that tenant; 'utilities' means cooling, heat, light, and water service. Violation is a crime punishable by a fine of up to $500.
How do you evict a tenant without a lease in Georgia?
Tenancy at will (no written lease, or expired lease with landlord allowing the tenant to stay): landlord must give 60 days' notice; tenant must give 30 days' notice. Rent changes for a tenancy at will also require 60 days' notice (Handbook).
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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.