How to evict a tenant in Georgia: the dispossessory process
Georgia evictions are called dispossessories. You demand possession (in writing if the reason is unpaid rent), give a written notice to pay at least three business days before filing, then file a dispossessory affidavit in magistrate court. The tenant has seven days after service to answer, and a tenant who pays all the rent claimed plus court costs in that window, once in a 12-month period, can defeat the case.
What must you do before you file in Georgia?
The Georgia Landlord-Tenant Handbook (revised August 29, 2024) says to read the lease first, because the landlord must follow its notice and termination terms. Then two things come before filing. First, a demand for possession: the landlord must demand that the tenant give up possession and leave. The demand does not need to be in writing unless the reason is unpaid rent, there is no required magic language, and a dated written record is the only way to prove when you made it. Second, for unpaid rent or fees, at least three business days before filing the landlord must give the tenant a written notice to pay the back rent and fees, served by any method the lease provides or posted in a sealed envelope on the door.
The affidavit you file afterward must be under oath and state who the landlord and tenant are, why the tenant is being removed, that you demanded possession and were refused, that the three-day notice was given when it applies, and the amount of rent or money owed. See how to serve a notice and prove it.
Where do you file, and how is the tenant served?
Dispossessory affidavits are usually filed in the magistrate court of the county where the property is, though state, superior and some municipal courts can also hear them. Fees vary by court. The handbook says the sheriff serves the tenant in most counties, by handing the papers to the tenant, to a competent adult living in the unit, or, most commonly, by tacking a copy to the door and mailing one the same day. Tack-and-mail is acceptable only if no one was home when the sheriff tried personal service, and if the tenant does not answer after tack-and-mail service the court can order the tenant out but cannot award rent or money damages.
What does the tenant's seven days mean for you?
The summons should require an answer, orally or in writing, within seven days of service; if day seven falls on a weekend or legal holiday it moves to the next business day. A tenant who does not answer is in default and the court can send the sheriff to remove the tenant. A tenant who answers triggers a hearing, usually within about seven days according to the handbook, and the court can also order the tenant to pay rent into the court if the case is not decided within two weeks of service.
Georgia's tender defense is the part that surprises landlords. If the case is for unpaid rent, the tenant has seven days after being served to pay the rent and fees the landlord alleges plus court costs. That is a complete defense, and the tenant can use it with the same landlord only once in a 12-month period. If the landlord refuses a proper tender, the court can order the landlord to accept payment if the tenant pays within three days of the decision. Because accepting rent mid-case ends your claim, many landlords decline payment and the tenant answers that tender was refused.
How does the writ of possession work?
If the court rules for you, you ask for a writ of possession, which is a separate document from the court order. The handbook says it requires the tenant to move after seven days and pay past rent owed. Generally the sheriff supervises the removal, and the landlord pays the cost. Removed belongings go on part of the landlord's land, or elsewhere such as the sidewalk if the landlord and officer agree. Once judgment is entered for you, the tenant can still be removed even if the tenant pays afterward.
Either side can appeal within seven days of judgment. An appeal stops the writ from being executed, and a tenant who wants to stay while it is pending must pay the court all rent and fees due under the judge's order. A tenant cannot appeal a default judgment.
Example a made-up landlord posts a written notice to pay on Monday, November 2, 2026. Three business days (Tuesday through Thursday) pass, and the landlord files on Friday, November 6. The sheriff tacks and mails the papers on Monday, November 9. The seventh day is Monday, November 16, and no answer arrives, so the landlord asks for a default judgment on Tuesday, November 17. The writ takes effect after seven days, so on or after Tuesday, November 24, the sheriff can supervise removal once the landlord requests it. That is at least 22 days from the notice. A tenant who answered with a valid defense would add a hearing.
What is off limits, and what is retaliation?
The handbook is plain: landlords cannot kick out a tenant or prevent access to a unit without going through the dispossessory court process, and self-help evictions are illegal even if the tenant violated the lease. During the case the tenant stays with active utilities until the court decides. Retaliation is presumed if a landlord files a dispossessory, or takes similar actions, within three months after a protected act such as a repair request, unless the landlord shows a lawful non-retaliatory reason. A successful claim can recover one month's rent plus $500.
How DoorKeeping handles it
DoorKeeping keeps rent and late fees in each property's books, so the amount you allege on the affidavit matches the ledger. Leases, notices and emails to tenants are stored with the tenant's documents. It does not file dispossessory cases or serve papers. DoorKeeping gives general information, not legal advice. If a case is contested, or the tenant files an answer, talk to a local attorney.
Sources
- Georgia Landlord-Tenant Handbook, Georgia Department of Community Affairs (revised 8-29-24), read Oct 30, 2026
- Georgia Judicial Council, Landlord/Tenant self-help resources, read Oct 30, 2026
Questions
- How much notice does a Georgia landlord give for unpaid rent?
- At least three business days of written notice to pay before filing a dispossessory for unpaid rent or fees, plus a demand for possession, according to the state handbook.
- How long does a Georgia tenant have to answer a dispossessory?
- Seven days from service, moving to the next business day if the seventh day is a weekend or holiday.
- Can I turn off a Georgia tenant's utilities or change the locks?
- No. The state handbook says self-help evictions are illegal even if the tenant broke the lease. You must go through the dispossessory court process.