Georgia Eviction Timeline: Step-by-Step Guide for Renters

If you’re renting a home or apartment in Georgia and have been threatened with eviction, it’s vital to understand the legal eviction process, your rights, and what to expect at each step. The eviction process timeline in Georgia is governed by state law and must follow specific procedures to be legal. This guide will walk you through each stage and highlight your options as a renter.

Understanding the Georgia Eviction Process

In Georgia, landlords are required to follow a formal legal process to evict a tenant. Evictions are handled through county-level courts, known as Magistrate Courts of Georgia, not by the landlord directly. The primary law for residential tenancies is the Georgia Landlord-Tenant Act (O.C.G.A. Title 44, Chapter 7)^[1].

Step 1: Written Eviction Notice (Notice to Quit)

In most cases, the landlord must first give you a written notice to quit. Georgia law does not specify a required notice period for nonpayment of rent, but landlords generally provide at least 3 days. For lease violations, the lease itself or the landlord may specify more time. Review your lease for details.

• Form: Currently, Georgia law does not require a standard state-issued form for eviction notices.
• Action: You do not need to sign the notice, but keep a copy for your records. If you resolve the issue (such as paying the overdue rent) before the notice period ends, the landlord may not proceed with eviction.

Step 2: Landlord Files a Dispossessory Affidavit

If you don’t move out or resolve the issue, the landlord must file a Dispossessory Affidavit (eviction complaint) with the local Magistrate Court. This officially starts the court eviction process.

• Form Name: Dispossessory Affidavit (various formats by county)
• Example: If you receive a Dispossessory Affidavit from Fulton County, you can find instructions and forms on the Fulton County Magistrate Court website.
• Use: This form is submitted by the landlord to begin court proceedings.

Step 3: Court Serves You (Service of Process)

You will be formally served with a copy of the Dispossessory Affidavit and a Summons. Service may occur by hand delivery, mail, or posting the notice on your door (with additional mailing if not delivered in person).

• Important: Once served, you have just 7 days to respond in writing to the court.

Step 4: Filing an Answer

Responding to the court is called “filing an answer.” This is your opportunity to state why you should not be evicted, raise defenses, or dispute the landlord’s claims.

• Form Name: Dispossessory Answer Form (may vary by county). Download sample from Gwinnett Magistrate Court.
• Example: If you disagree with the eviction reason or have paid rent, include this information on your answer form.
• Action: File this answer in person, online, or by mail with your local Magistrate Court within 7 days of being served. There is no fee to file an answer.

Step 5: Court Hearing

If you file an answer, the court will schedule a hearing, usually within 7–14 days. At the hearing, both sides present their case. The judge will decide whether the eviction should proceed.

• Tips:
  • Bring all evidence, receipts, emails, your lease, and any communication with the landlord.
  • You may represent yourself or bring an attorney.

Step 6: Writ of Possession

If the court decides against you, the landlord can apply for a Writ of Possession. This is the court order that allows law enforcement to remove you and return possession to the landlord.

• Form Name: Writ of Possession (request filed by landlord after judgment). Sample from Gwinnett County.
• You are usually given 7 days to vacate unless the court orders otherwise.

Eviction Timeline Overview

• Notice to Quit: No minimum period, but 3 days is typical
• Dispossessory Affidavit filed: Court process begins
• Service of Summons: You get official court papers
• 7 days to file Answer
• Hearing: Often within 1–2 weeks after filing Answer
• Writ of Possession: Issued if landlord wins, usually 7 days to move

From start to finish, the Georgia eviction process often takes 3–6 weeks if fully carried through the courts, but exact timing depends on court schedules and actions taken by both parties.

FAQ: Common Questions About Georgia Evictions

1. How much notice must a landlord give before starting an eviction in Georgia?
   Georgia law does not mandate a minimum notice for nonpayment, but landlords usually provide at least 3 days.
   
2. Do I have to go to court to fight my eviction?
   Yes. If you want to contest the eviction, you must file an answer with your Magistrate Court within 7 days of official notice.
   
3. What if I pay my rent after receiving an eviction notice?
   If you pay all outstanding rent and court costs before a judgment, the landlord may withdraw the eviction. If you've already answered, let the court know you've paid.
   
4. Can the landlord evict me without going to court?
   No. Self-help evictions (changing locks, removing belongings, shutting off utilities) are illegal in Georgia. Only a court order allows a legal eviction.
   
5. How do I file an answer to a dispossessory action?
   Visit your local Magistrate Court in person, by mail, or online (if available) to file your answer form within 7 days of being served.

Need Help? Resources for Renters

• Georgia Magistrate Courts – Find Your County Court
• Georgia Department of Community Affairs – Landlord/Tenant Guide
• Georgia Legal Aid – Free Legal Help for Renters
• Georgia Landlord-Tenant Laws (O.C.G.A. Title 44, Chapter 7)

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1. See Georgia Landlord-Tenant Act (O.C.G.A. Title 44, Chapter 7)
2. Magistrate Courts’ rules and contacts: Guide to Georgia Magistrate Courts
3. Fulton County process: Fulton County Dispossessory Info
4. Gwinnett County forms: Gwinnett Magistrate Court: Dispossessory Forms

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