How to Evict a Roommate Not on Your Lease in Georgia

If you’re a renter in Georgia, sharing your home with a roommate who is not on the lease can sometimes lead to disagreements. Whether it’s unpaid rent or conflict over shared spaces, you may wonder how to formally remove a roommate who isn’t named on your lease agreement. This guide explains the legal steps renters should follow, using Georgia’s current laws and official resources.

Understanding the Legal Status of a Non-Lease Roommate

In Georgia, a roommate not listed on your rental lease is usually considered a “licensee” or “guest,” not a legal tenant. The formal eviction process is required to remove them, and you cannot simply change the locks or discard their belongings without following legal procedures. The process is different from evicting a tenant who is on the lease, but the same basic laws apply.

Your Legal Responsibilities as the Leaseholder

As the person whose name is on the lease (the "primary tenant"), you have certain duties both to your landlord and to anyone staying in your rental unit. Your lease typically prevents you from adding or removing occupants without permission, but separate from that, Georgia state law governs roommate removal.

• If you want to remove a roommate not on the lease, you are responsible for starting the legal eviction process as if you were the landlord.
• Your landlord is generally not required to help with this unless they themselves initiate an eviction against all occupants.

The Eviction Process: Step-by-Step

In Georgia, the eviction (dispossessory) process for a non-lease roommate involves several formal steps. Here’s what primary tenants need to do:

Step 1: Provide Written Notice to Vacate

• Georgia does not require a specific “Notice to Vacate” form or set notice period for roommates, but providing written notice (usually 24-48 hours is considered reasonable) is a best practice.
• State clearly the reason for removal and when you expect the roommate to leave.

Step 2: File an Eviction (Dispossessory) Affidavit

• If your roommate does not move out after notice, you must file a Dispossessory Affidavit at the Magistrate Court of the county where you live.
• Form: There is no statewide standard form, but most counties provide their own online. Search for “Dispossessory Affidavit” at your county magistrate court (e.g., DeKalb County Magistrate Court Forms).
• How It’s Used: Example: After giving your roommate clear written notice and a short deadline, you go to your county’s magistrate court and fill out the affidavit, listing yourself as the “landlord” and your roommate as the “tenant.” You pay a filing fee (varies by county).

Step 3: Court Process and Writ of Possession

• Once filed, the court will serve the eviction papers to your roommate.
• Your roommate has seven (7) days to respond. If they do not, you can request a Writ of Possession (the document allowing a sheriff to remove them).
• The court may schedule a hearing if your roommate disputes the eviction.
• If successful, law enforcement will carry out the removal.

Relevant Forms and Where to Find Them

• Dispossessory Affidavit
  When to Use: Start the formal eviction after written notice is ignored.
  Find your Magistrate Court and search for this form in your county.
• Writ of Possession
  When to Use: After winning your case in court, use this document to authorize law enforcement to carry out the eviction.
  Landlord-Tenant Process Summary (Official PDF)

The Tribunal Handling Residential Tenancies in Georgia

In Georgia, Magistrate Courts handle all landlord-tenant and eviction cases, including disputes between primary tenants and non-lease roommates.

Relevant Georgia Legislation

Your rights and responsibilities for evicting a roommate are based on the Georgia Landlord-Tenant Act (O.C.G.A. Title 44, Chapter 7).¹

What Not to Do

• Do not try to change the locks, shut off utilities, or remove your roommate’s property yourself—this is unlawful “self-help eviction.”
• Your roommate has rights under Georgia law even if not on the lease; only a judge can order their removal.

Following legal eviction steps protects you from possible lawsuits or criminal penalties.

FAQ: Evicting a Roommate in Georgia

1. Can I simply ask my roommate to leave if they’re not on the lease?
   You can ask, but if they refuse, you must use the legal eviction process and cannot force them out on your own.
2. Does my landlord need to get involved?
   Usually not. As the leaseholder, you must handle the eviction as if you were the landlord for your roommate.
3. What if my roommate damages my property?
   You can document the damages and may take them to small claims court for recovery after the eviction process.
4. How long does the roommate eviction process take?
   If uncontested, eviction can take 2–4 weeks, but may be longer if your roommate responds or asks for a hearing.
5. Can I remove my roommate’s belongings after eviction?
   Only after obtaining a court order (writ of possession), and following the sheriff’s instructions. Never remove items before this.

Conclusion: Key Takeaways for Evicting a Roommate in Georgia

• Always use the proper legal process—even non-lease roommates have rights.
• File a dispossessory affidavit at your local Magistrate Court if written requests are ignored.
• Only law enforcement can perform the final removal once the court approves your request.

Evicting a roommate can be stressful, but following official Georgia guidelines ensures your actions are legal and protect your rights.

Need Help? Resources for Renters

• Georgia Legal Aid: Free legal help for tenants navigating roommate or eviction issues.
• Georgia Magistrate Court Directory: Find your local court and download necessary eviction forms.
• Georgia state government: Access state resources on housing and renters’ rights.
• Georgia Landlord-Tenant Legislation: Review official state laws on rental agreements and evictions.

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1. Georgia Landlord-Tenant Act (O.C.G.A. Title 44, Chapter 7)

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