Evictions in Georgia (Dispossessory Proceedings)

This is general information, not legal advice. A Georgia real estate attorney can help with your specific situation.

What Is a Dispossessory Proceeding?

Georgia uses the term “dispossessory” for what most states call an eviction. A dispossessory proceeding is a civil court action that allows a landlord to legally remove a tenant who no longer has the right to occupy the property. The process is governed by O.C.G.A. §§ 44-7-49 through 44-7-59.

Grounds for Eviction

A landlord may file a dispossessory for several reasons, including: nonpayment of rent, holding over after the lease term expires without the landlord’s consent, breach of a lease term, or the tenant becoming a tenant at will and the landlord electing to terminate that relationship. The ground for eviction affects which notice is required before filing.

Pre-Filing Notice: 3 Business Days for Nonpayment

Before filing a dispossessory for nonpayment of rent, the landlord must give the tenant written notice demanding that the tenant either pay all past-due rent or vacate the premises within 3 business days (O.C.G.A. § 44-7-50, as amended by the Safe at Home Act, effective July 1, 2024). This notice can be delivered personally, posted on the door, or served as provided in the statute.

If the tenant pays all amounts owed within those 3 business days, the eviction proceeding cannot proceed on nonpayment grounds. If the tenant neither pays nor vacates, the landlord may file the dispossessory affidavit in court.

Filing the Dispossessory Affidavit

The landlord files a dispossessory affidavit in the Magistrate Court of the county where the rental property is located (O.C.G.A. § 44-7-50). The affidavit states the basis for the eviction and the tenant’s last known address. Superior Court and State Court have concurrent jurisdiction but Magistrate Court handles the vast majority of residential cases.

After filing, the court issues a summons directing the tenant to respond to the action.

The Tenant’s 7-Day Answer Window

Once the tenant is served with the summons and a copy of the dispossessory affidavit, the tenant has 7 days to file a written answer with the court. The answer can raise defenses — for example, that the rent was paid, that conditions in the unit amount to a warranty of habitability breach, or that the eviction is retaliatory.

If the tenant does not file an answer within 7 days, the landlord can request a default judgment and, if granted, a writ of possession without a hearing. A default judgment can issue quickly, sometimes within a few days of the answer deadline.

The Hearing and Writ of Possession

If the tenant files an answer, the Magistrate Court schedules a hearing where both sides can present evidence and testimony. The judge decides whether the landlord is entitled to possession.

If the court rules in the landlord’s favor — by default or after a hearing — it issues a writ of possession. The tenant then has 7 days to vacate the property voluntarily. If the tenant has not left after 7 days, the landlord can request that the sheriff carry out the removal.

Tenant Defenses

Common defenses in Georgia dispossessory proceedings include: proof that rent was paid in full or tendered; the landlord’s acceptance of rent after issuing the notice (which can restart the process); material habitability problems under the new warranty of habitability (O.C.G.A. § 44-7-13(b)); improper service of the pre-filing notice; or a retaliatory eviction claim where the landlord filed in response to a tenant complaint about conditions.

Tenants facing eviction should file a timely written answer and, if possible, consult a Georgia attorney before the hearing.