Georgia Eviction Laws: Reasons, Defenses & Tenant Rights

If you're renting in Georgia, it's important to know when a landlord is legally allowed to evict a tenant and what your options are if you receive an eviction notice. Georgia's laws outline specific grounds for eviction, the formal process landlords must follow, and the rights and defenses available to renters. This guide will walk you through the essentials, with clear explanations and links to trusted government resources.

When Can a Landlord Evict a Tenant in Georgia?

Under Georgia law, a landlord cannot evict you without a valid legal reason. The state’s main tenancy law is the Georgia Code Title 44, Chapter 7 - Landlord and Tenant, which sets out the rules landlords and tenants must follow.^[1]

• Nonpayment of Rent: If rent is not paid by the due date, your landlord may begin eviction proceedings.
• Lease Violations: Breaking the terms of your lease (like having unauthorized pets or causing property damage) can lead to eviction.
• No Lease / End of Lease: If you stay after your lease ends (or after a notice to vacate for month-to-month tenancies), your landlord can seek eviction for “holding over.”

Other grounds—like illegal activities on the premises—may also apply, but landlords must still follow the correct legal process.

How Does the Eviction Process Work in Georgia?

Georgia follows a court eviction process. Landlords must never remove tenants themselves (e.g., by changing locks or shutting off utilities). Only the court and law enforcement can carry out an eviction order.

Eviction Steps

• Notice to Tenant: The landlord must demand possession of the property, which can be verbal or written. There is no specific required form for this notice in Georgia, and there’s technically no required notice period unless the lease says otherwise. However, a written notice is recommended for your records.
• Filing the Dispossessory Affidavit (Eviction Lawsuit): If you don’t move out after the demand, your landlord files a Dispossessory Affidavit with the county magistrate court. This formally starts the court eviction process.^[2]
• Receiving the Court Notice: You will be served with a copy of the Dispossessory Affidavit. You have seven (7) days (including weekends and holidays) to file an answer with the court.
• Eviction Hearing: If you file an answer, a hearing is scheduled. Both sides can present their case, and the judge decides whether or not to issue an order for eviction (called a writ of possession).
• Enforcement: Only the sheriff or constable can physically remove you, after the court grants the writ of possession.

Key Forms for Georgia Renters Facing Eviction

• Dispossessory Affidavit
  When used: Filed by a landlord to begin eviction after notice.
  Example: If your landlord files this form, you will be officially served and must respond.
  Dispossessory Affidavit (Georgia Magistrate Courts)
• Answer to Dispossessory Affidavit
  When used: To respond to an eviction filing and list your defenses.
  Example: If you disagree with the eviction grounds, complete and file this form within 7 days of being served.
  Answer to Dispossessory Affidavit (sample form, Gwinnett County)

Tenant Defenses to Eviction in Georgia

There are valid defenses you can raise to fight an eviction:

• Rent was paid in full on time
• The landlord did not make the required demand for possession
• The eviction reason is not valid (such as retaliation or discrimination)
• Improper or faulty eviction process (e.g., you were not served the Affidavit correctly)
• Major health and safety violations not fixed by the landlord despite notice

Where Are Eviction Cases Heard in Georgia?

Evictions in Georgia are handled by the Georgia Magistrate Courts. Each county has its own magistrate court for eviction matters.^[2]

Georgia Tenant Laws and Protections

The primary law for renters' rights in Georgia is the Georgia Code Title 44, Chapter 7. It covers:

• Eviction rules and notice requirements
• Security deposits and returns
• Maintenance and repair responsibilities

For more detail, visit Georgia Landlord-Tenant Handbook (from the Department of Community Affairs).

FAQ: Eviction & Tenant Rights in Georgia

1. Can my landlord evict me without giving a written notice in Georgia?
   Georgia law doesn’t require written notice—notice can be verbal, but documentation helps both sides.
2. What should I do if I receive an eviction (dispossessory) notice?
   File an answer with your county magistrate court within 7 days. Attend any hearing with supporting evidence.
3. Can I be evicted for complaining about repairs?
   No. Georgia law prohibits retaliatory evictions for exercising your rights, such as requesting repairs.
4. Who can remove me from the rental after an eviction order?
   Only the sheriff or law enforcement, never the landlord personally.
5. Where can I find Georgia’s official tenant laws?
   At the Georgia Code Title 44, Chapter 7 website.

Key Takeaways: Georgia Eviction Rules & Defenses

• A landlord must have a legal reason and follow Georgia's court process to evict you
• If you receive eviction papers, file an answer within 7 days to explain your side
• Know your rights—official resources and local agencies can provide help and answer questions

Need Help? Resources for Renters

• Georgia Magistrate Courts — Find your local court and forms
• Georgia Department of Community Affairs — Landlord-Tenant Handbook, educational resources, and tenant rights
• Georgia Legal Aid — Free or low-cost legal help for renters
• Atlanta Legal Aid Society — Eviction defense and tenant advocacy

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• [1] Georgia Code Title 44, Chapter 7 – Landlord and Tenant
• [2] Georgia Magistrate Courts official website

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