A Georgia landlord cannot get a tenant out without a court order. The eviction process in Georgia runs through your county’s magistrate court, and it follows a set order: a written demand, a sworn filing, a seven-day window for the tenant to answer, a hearing if they do, and a writ of possession that takes effect seven days after judgment. If you own a rental in Whitfield, Murray or Catoosa County and the rent has stopped coming in, this guide takes those stages one at a time, then looks at what to do with the house once you have had enough.
This is general information, not legal advice. Court practice varies a little from county to county, and the statutes change from time to time. Before you file anything, check with a Georgia attorney or your county magistrate court clerk.
Stage 1: No Lockouts or Utility Shutoffs, and Start Your Paper Trail
Changing the locks, pulling the front door off or putting the tenant’s things on the curb is off the table. The Fulton County Magistrate Court’s landlord pamphlet is blunt about it: changing locks, threatening a tenant or cutting off utilities are illegal and can lead to a counterclaim for damages.
Utilities have their own rule as well. Georgia’s utility statute, § 44-7-14.1, says a landlord may not knowingly and willfully cut off heat, cooling, light or water before the dispossessory case is finally decided.
So the first stage is mostly gathering paper. Pull together the lease, a rent ledger showing what was paid and when, copies of texts or letters, and the tenant’s full legal name as it appears on the lease. If other adults live in the house, write down their names too. Every one of these will come up again at filing or at the hearing.
Stage 2: The Written Demand and the Three Business Day Notice
Georgia calls an eviction case a dispossessory proceeding, and it starts with a demand for possession. The statute on this changed in 2024. For residential leases signed or renewed on or after July 1, 2024, O.C.G.A. § 44-7-50 requires that a tenant who has not paid get a written notice to vacate or pay within three business days before the landlord files.
The same section spells out delivery. The notice must be posted in a sealed envelope on the door of the property, and also sent by any other method the rental agreement calls for. If your lease says notices also go by email, send it that way too. Keep a dated copy of the notice and take a photo of the envelope on the door, because the court may ask how and when it was delivered.
Stage 3: Filing the Dispossessory Affidavit in Magistrate Court
If the tenant does not pay or move out, you file a sworn dispossessory affidavit with the magistrate court in the county where the property sits. For a Dalton house, that is Whitfield County. For a house in Chatsworth, it is Murray County.
Walker County’s dispossessory affidavit form gives a good picture of what the court wants to see. You state that the person is your tenant, why you are asking for the house back (unpaid rent or staying past the end of the lease are the usual grounds), that a demand for possession was made, and what you are asking for: possession, past-due rent and rent that keeps coming due until judgment.
The form has to be sworn before a magistrate or notary. Filing fees vary by county, so when you call the clerk, ask what the fee is, how they take payment and whether they want extra copies for each tenant named.
Stage 4: Service and the Seven Day Answer Window
Once you file, the tenant has to be served. The service and answer rules in § 44-7-51 say the papers are served in person first. If that does not work, they can be left with an adult living there, or posted on the door with a copy mailed the same day.
From the date of service, the tenant has seven days to answer, either in writing or in person. If day seven lands on a weekend or legal holiday, the deadline moves to the next business day. The summons itself shows the last possible day to answer.
Two things can happen inside that window that catch landlords off guard. First, the tenant can pay and end the case. Under § 44-7-52, a tenant sued for unpaid rent can offer all the rent owed plus the cost of the warrant within seven days of service, and that is a complete defense. You only have to accept that kind of payoff once in any 12-month period.
Second, the tenant can answer and stay put for now. If they answer, the case goes to trial. Under § 44-7-53, a tenant who answers can stay while the case is pending but has to pay rent into the court registry.
Stage 5: Default Judgment or a Hearing Before the Magistrate
If the tenant never answers, the law allows a fast finish. Section 44-7-53 says the court shall issue a writ of possession right away when no answer is filed, without a hearing.
If the tenant does answer, there is a trial. The statute does not set a fixed date. It only says the court should make every effort to move the case quickly, so timing depends on your county’s calendar. The Fulton County pamphlet explains that at the hearing the landlord goes first and has to prove what the affidavit claims. Bring the lease, the ledger, a copy of the notice and photos of how it was posted, and have extra copies for the judge and the tenant.
Stage 6: The Writ of Possession and Move-Out
When a landlord wins after a hearing, O.C.G.A. § 44-7-55 makes the writ of possession effective seven days after the judgment is entered.
The same section covers what happens next:
- You must apply to have the writ carried out within 30 days of it being issued, or show good cause for waiting longer.
- A sheriff, deputy, constable or marshal carries out the writ. You do not remove the tenant yourself.
- Once the writ has been executed, belongings left behind are treated as abandoned.
Ask the sheriff’s office or marshal how they schedule move-outs in your county, and plan to have someone at the house that day to change the locks once the officer says it is clear.
Stage 7: If the Tenant Appeals
A losing party can appeal. The appeal statute, § 44-7-56, says the notice of appeal must be filed within seven days of the judgment. A tenant who wants to stay in the house during the appeal has to pay the rent the court found due into the court registry, then keep paying rent there as it comes due.
How Long an Eviction Takes in Georgia
No statute gives one total. The law sets minimums: three business days of notice, seven days to answer, and seven days after a judgment before the writ takes effect. Add the time it takes to get the papers served, the wait for a hearing date and the sheriff’s schedule, and that is your real timeline. An appeal can stretch it further. Your magistrate court clerk can usually tell you how far out hearings are being set right now.
The eviction doesn’t need to be over before we talk. I’m Daniel, and I buy houses in Dalton and across Northwest Georgia with the renters still in them. Tell me where your case stands, and I’ll look at the house and tell you plainly whether a sale to me can move ahead. You can ask me for a no-obligation cash offer and see a real number before you decide whether to keep going in court.
Your Choices Once the Eviction Process in Georgia Is Underway
At some point most worn-out landlords ask whether to keep fighting or let the house go. There are three realistic paths.
Finish the eviction, then list or re-rent
This makes sense if the case is close to the end and the house is in fair shape. An empty, clean house in good condition will usually draw the widest pool of buyers on the MLS. I am a licensed Georgia Realtor, so listing is something we can talk through together.
Finish the eviction, then sell as-is
Many evictions end with damage, trash and a house that needs work. If that describes your house, a buyer who takes the house in any condition saves you the cleanout and repair list. My guide on how to sell a house in poor condition covers those choices in more detail.
Sell before the case is over
Some landlords would rather stop paying for court and chasing rent, and sell instead. If you go this way, talk to your attorney about what happens to the pending case, and tell any buyer exactly where it stands. A direct sale also lets you pick your closing date. The page on selling a house with tenants in place explains how leases and deposits carry over in a sale.
Thinking about leaving the rental business altogether? My piece on how to sell rental property fast in Georgia covers the bigger picture.
Follow Each Step on Paper, and Know You Can Step Off
The dispossessory process protects tenants and landlords alike, and it works best for the landlord who documents everything. Give the right notice, file in the right county, show up with your papers in order and let the sheriff handle the move-out. If you decide along the way that the house is more trouble than it is worth, selling is still an option worth looking at. The sell your house page shows how a direct sale works.
Talk it through with a local buyer. If you want to compare finishing the eviction with selling now, call me at 706-264-1785. I can look at the house and the case with you, tell you whether a sale with the tenant still living there can work, or talk about listing it once it is empty. You are under no obligation either way, and if you sell to me, the closing date is yours to pick.
Frequently Asked Questions
What is a dispossessory warrant in Georgia?
It is the court paperwork a landlord files to start an eviction in Georgia. The landlord swears out an affidavit in magistrate court, the court issues a summons and the tenant is served. “Eviction” usually means the whole process, while dispossessory is the legal name for the case.
Can I evict a tenant in Georgia without a written lease?
Generally, yes. Section 44-7-50 covers property that is “rented, leased, held, or occupied,” not only homes under a written lease, but without one the agreement is harder to prove. Bring anything that shows it, such as texts about rent, bank deposits or receipts. A Georgia attorney can tell you how to handle the notice in your situation.
Do I have to return the security deposit if I evict the tenant?
Security deposits have their own set of rules in Georgia’s landlord and tenant law, and an eviction does not switch those rules off. Check with a Georgia attorney before you keep any part of a deposit. Keep move-out photos and receipts for every deduction.
What happens to a tenant’s belongings after the writ is carried out?
Under Georgia law, once the sheriff or marshal executes the writ, property left at the house is treated as abandoned. Some counties have local rules about where items go and how long they can sit, so ask the magistrate court or sheriff’s office in your county.
Can I sell a house while a dispossessory case is pending?
A pending case raises real questions about who carries it forward after closing, so talk to a Georgia attorney before you sign a contract and tell any buyer where the case stands. I do buy rentals that still have tenants in them, and the case doesn’t have to be wrapped up before you call. I’ll look at your situation and tell you whether a sale can go ahead.