What Georgia Renters Should Know About Eviction Court

When a landlord in Georgia files for eviction (also known as a "dispossessory" action), renters may feel anxious and uncertain about what comes next. Understanding eviction court procedures, tenant rights, and the process set out in Georgia can help you feel more prepared if you’re facing eviction. This guide covers what to expect at each step, official forms, and state legal protections for renters in Georgia.

Who Handles Evictions in Georgia?

All eviction matters for residential properties in Georgia are processed by the Georgia Magistrate Court, which is responsible for hearing dispossessory (eviction) cases across the state.^[1]

Key Steps in the Georgia Eviction Court Process

Eviction can feel overwhelming, but the process follows a clear legal path under the Georgia Code Title 44, Chapter 7 – Landlord and Tenant Law.^[2] Here’s what tenants should expect:

• Notice to Quit: Your landlord must first notify you in writing to leave the rental. Georgia does not require a specific notice period unless required by your lease, but most landlords provide 3–7 days.
• Filing a Dispossessory Affidavit: If you don’t move out or resolve the issue, the landlord files a "Dispossessory Affidavit" (eviction case) with the Magistrate Court.
• Receiving Court Documents: You’ll be served (given) the official eviction complaint, which outlines why your landlord is seeking to evict you.
• Responding to the Complaint: You must file an "Answer" with the court—typically within 7 days of service—to explain your side and contest the eviction.
• Attending the Hearing: If you file an Answer, the court schedules a hearing where both parties can present their case. If you don’t respond, the court may rule in the landlord’s favor by default.
• Judgment and Possession: The judge issues a decision. If the landlord wins, the court may grant a writ of possession, allowing the sheriff to remove you after 7 days if you haven’t moved out.

Staying organized and meeting all deadlines is essential to protect your rights during eviction proceedings.

Required Forms for Georgia Renters Facing Eviction

• Dispossessory Affidavit (Magistrate Court Form)
  When it's used: Landlords file this official court document to start an eviction case if a tenant hasn’t moved out after notice. Tenants will receive a copy.
  Renter tip: If you get served a Dispossessory Affidavit, it means the eviction process has started. Review it carefully.
  Official Dispossessory Affidavit Form
• Answer to Dispossessory Action (Magistrate Court Form)
  When it's used: Tenants must file this form within 7 days of being served to contest the eviction and provide their defense.
  Example: If you believe you don’t owe the claimed rent or your landlord failed to fix major repairs, note this in your Answer.
  Official Answer Form
• Writ of Possession (Issued by Court)
  When it's used: If the court rules for the landlord, the Magistrate Court issues this order giving the sheriff the right to remove the tenant after 7 days.
  Note: Tenants do not complete this form, but it's important to understand.
  Writ of Possession Sample

How to Respond to a Georgia Eviction Notice: Steps for Renters

• Read all documents carefully.
• Mark the deadline to file your Answer (within 7 days of service!).
• Complete the Answer to Dispossessory Action form accurately. You can download, fill out, and file this at your county Magistrate Court office.
• Gather evidence supporting your side (receipts, photos, communication).
• File your Answer in person or online (if allowed in your county) before the deadline.
• Attend your scheduled court hearing—bring your documents and prepare calmly.

What Happens at Your Eviction Hearing in Georgia?

The Magistrate Court hearing is usually informal and brief. Both the landlord and tenant can explain their side and provide evidence. The judge may make a decision immediately or shortly after. If you disagree with the ruling, you may have the right to appeal quickly—ask the court about the process and deadlines.

Legislation Protecting Georgia Renters

Your rights as a tenant are protected by the Georgia Code Title 44, Chapter 7 – Landlord and Tenant Law, which covers leases, eviction, repairs, and deposits. It is important to read the full Landlord-Tenant Code for detailed information on your situation.

Frequently Asked Questions

1. How much notice does my landlord have to give before starting eviction?
   Georgia law does not require a specific number of days unless your written lease says otherwise. Landlords must demand possession but can file immediately after the notice.^[2]
2. What happens if I don't respond to an eviction complaint?
   If you do not file an Answer within 7 days, the Magistrate Court may enter a default judgment and issue a writ of possession to your landlord.^[1]
3. Can I stop the eviction process by paying past-due rent?
   Yes, in many cases if you pay all rent owed (plus court costs) before the court issues a writ of possession, the case can be dismissed. Confirm with your court and cite Georgia law.^[2]
4. What if I cannot attend my court hearing?
   Contact your Magistrate Court as soon as possible to ask if rescheduling is possible. Missing your hearing may result in losing your case by default.
5. How long do I have to move out if I lose in court?
   The court typically gives tenants 7 days before the sheriff can enforce a writ of possession for your removal.^[1]

Key Takeaways for Georgia Renters

• Always read and respond to any eviction notice or court papers quickly.
• File your Answer with the Magistrate Court within 7 days if you wish to contest eviction.
• Preparation and knowledge of your rights are your best protection in Georgia eviction court.

Need Help? Resources for Renters in Georgia

• Georgia Magistrate Courts: Find local court contact information, forms, and court resources.
• Georgia Legal Aid: Eviction Help: Information and referrals for renters facing possible eviction.
• Georgia Department of Community Affairs – Housing: General tenant rights and housing programs.
• Georgia Code Title 44, Chapter 7: Landlord and Tenant Law: Read the full legislation protecting renters and landlords.

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1. Georgia Magistrate Court: https://georgiacourts.gov/
2. Georgia Code Title 44, Chapter 7 – Landlord and Tenant Law: https://www.legis.ga.gov/api/legislation/document/20192020/187449

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