Outline of the Eviction Process in Georgia

1. Grounds for Eviction

• Legal reasons required:
  • Non-payment of rent.
  • Lease violation (e.g., unauthorized pets, property damage).
  • Illegal activity (e.g., drug-related conduct, violent crime).
  • End of lease term (fixed-term or month-to-month).
  • Holdover tenancy (tenant remains after lease expires).
  • No-fault eviction (e.g., terminate month-to-month tenancy).
• Law: Ga. Code Ann. § 44-7-1 to § 44-7-82 (Landlord and Tenant Act).

2. Notice to Quit

• Written Demand for Possession or Notice to Quit served:
  • Non-payment: Immediate demand to pay or vacate (typically 3–7 days per lease/court practice).
  • Lease violation: 3-day notice to cure or vacate (if curable); immediate for non-curable.
  • Month-to-month: 60-day notice to terminate (30-day for landlord-initiated).
  • No-fault/end of lease: 60-day notice.
  • Illegal activity or holdover: Immediate notice to vacate (no cure).
• Delivery: Hand-delivered, mailed (certified mail), or posted with mailed copy.
• Tenant can cure by paying rent or fixing violation (within 3 days or per lease, if curable).

3. Filing the Eviction Case

• File Dispossessory Affidavit in Magistrate Court.
• Documents: Affidavit, Demand for Possession, lease, proof of service.
• Fee: ~$60–$100 (varies by county).
• Timing: After notice period expires (e.g., 4th day for 3-day notice).

4. Serving the Summons and Complaint

• Sheriff, marshal, or constable serves papers 3 days before hearing.
• Methods: Personal delivery, left with resident (age 16+), or posted (tack-and-mail).
• Tenant has 7 days to file Answer (oral answers allowed in some courts).

5. Court Hearing

• Held 7–14 days after filing.
• Landlord presents evidence; tenant raises defenses (e.g., improper notice, retaliation).
• Outcomes: Eviction granted, case dismissed, or agreement (e.g., payment plan).

6. Judgment and Execution

• Writ of Possession if landlord wins.
• Appeal: 7 days to Superior Court (requires bond).
• Writ issued: ~7–14 days post-judgment; sheriff serves 7-day notice to vacate.

7. Physical Eviction

• Sheriff removes tenant; no mandatory storage (property may be placed on street or stored at landlord’s discretion).
• Tenant may reclaim stored property by paying costs.
• Law: Ga. Code Ann. § 44-7-55.

8. Tenant Protections

• Rights:
  • Cure violations (3 days or per lease, if curable), defenses (retaliation, discrimination, limited habitability).
  • No self-help evictions (landlord penalties include damages or property return).
• Resources:
  • Georgia Legal Services (800-498-9469), georgialegalaid.org, atlantala.org.

Notes

• Disclaimer: General guide; consult a lawyer. County practices may vary.
• Sources: Ga. Code Ann. § 44-7-1 to § 44-7-82; georgiamagistratecourts.com; georgialegalaid.org.