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Eviction Process in Georgia

Reviewed by DocDraft Legal Team - Georgia - Last updated November 11, 2026

The eviction process in Georgia is a dispossessory proceeding under O.C.G.A. 44-7-49 and following. After demanding possession, the landlord makes an affidavit under oath to the facts before a magistrate in the district where the land lies, or before a judge or clerk of a state, superior or other court with jurisdiction. The sheriff, a deputy or a lawful constable serves the summons and affidavit, and the tenant must answer orally or in writing within seven days from the date of actual service (later if the seventh day is a weekend or legal holiday). After a judgment against the tenant at trial, the writ of possession takes effect at the expiration of seven days after the judgment is entered, except as the appeal rules provide. Confirm current timing with the magistrate court clerk.

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How does the eviction process work in Georgia?

Georgia evictions are dispossessory proceedings. After demanding possession, the landlord makes an affidavit under oath to the facts before a magistrate in the district where the land lies, or a judge or clerk of another court with jurisdiction. The court issues a summons, the tenant answers, and a judgment for the landlord leads to a writ of possession.

How long does a Georgia tenant have to answer a dispossessory?

The summons requires an answer, oral or written, within seven days from the date of actual service, or the next day that is not a Saturday, Sunday or legal holiday if the seventh day falls on one. If the tenant does not answer, the court issues a writ of possession instanter. Confirm current timing with the magistrate court clerk.

What happens after a Georgia landlord wins a dispossessory case?

After a judgment against the tenant at trial, the writ takes effect at the expiration of seven days after the judgment is entered, except as the appeal rules provide. A sheriff, deputy, constable or marshal executes it on an application made within 30 days of issuance, unless a good-cause affidavit accompanies it. Confirm current timing with the magistrate court clerk.

Can a Georgia tenant stop a nonpayment dispossessory by paying?

In a nonpayment case, the tenant may tender all rents allegedly owed plus the cost of the dispossessory warrant within seven days of service, and that tender is a complete defense. After a summons, a landlord must accept such a tender from an individual tenant only once in any 12 month period. Confirm current timing with the magistrate court clerk.

How Georgia dispossessory proceedings run

Georgia starts an eviction with a sworn affidavit rather than a complaint. Under O.C.G.A. 44-7-50(a), after the landlord demands possession and the tenant refuses or fails to deliver it, the landlord may go before a magistrate in the district where the land lies, or a judge or clerk of a superior, state or other court with jurisdiction, and make an affidavit under oath to the facts; the affidavit may also be made before a notary public. For nonpayment, the pre-suit step is a notice to vacate or pay under 44-7-50(c); the notice to vacate guide covers it, and DocDraft's eviction notice page can prepare it. Service is by the sheriff, a deputy or a lawful constable: personally, by delivery to a person sui juris living on the premises, or, after a reasonable effort finds no one, by posting on the door with first class mail the same day. When service is by posting, the court can enter a default judgment for possession but not a default money judgment unless the tenant answers or appears. If the possession question cannot be decided within two weeks of service, the tenant must pay rent into the court registry (44-7-54(a)).

Relevant Laws

O.C.G.A. 44-7-50 (dispossessory affidavit) (Justia copy)

After demanding possession, the landlord makes an affidavit under oath before a magistrate or other judge or clerk.

O.C.G.A. 44-7-51 (service and answer) (Justia copy)

Service by the sheriff, a deputy or a constable; the tenant answers within seven days from actual service, later if the seventh day is a weekend or holiday.

O.C.G.A. 44-7-52 (tender of rent) (Justia copy)

In a nonpayment case, tender of all rents allegedly owed plus the warrant cost within seven days of service is a complete defense; the landlord must accept it only once in any 12 month period. Confirm current timing with the clerk.

O.C.G.A. 44-7-55 (judgment and writ) (Justia copy)

After judgment at trial, the writ takes effect at the expiration of seven days; execution is applied for within 30 days of issuance. Confirm current timing with the clerk.

Regional Variances

Georgia eviction process rules

Court and action

Dispossessory proceeding started by affidavit before a magistrate in the district where the land lies, or a judge or clerk of another court with jurisdiction (O.C.G.A. 44-7-50(a), Justia copy).

Filing papers

An affidavit under oath to the facts, which may also be made before a notary public; filed after a demand for possession.

Who serves and how

Sheriff, deputy or lawful constable; personal service, then a resident sui juris, then posting with same-day first class mail (O.C.G.A. 44-7-51(a)).

Tenant response

Answer orally or in writing within seven days from actual service, moved to the next non-holiday weekday if needed (O.C.G.A. 44-7-51(b)); writ instanter if no answer (44-7-53). Confirm current timing with the clerk.

Rent into court

If possession is not decided within two weeks of service, the tenant pays rent into the court registry (O.C.G.A. 44-7-54(a)).

Judgment and writ

Writ effective at the expiration of seven days after judgment at trial, except as 44-7-56 provides; apply to execute within 30 days of issuance absent a good-cause affidavit (O.C.G.A. 44-7-55). Confirm current timing with the clerk.

Appeal

Within seven days of the judgment; the tenant pays sums found due for rent into the registry to stay in possession (O.C.G.A. 44-7-56). Confirm current timing with the clerk.

Tender defense

In a nonpayment case, tender of all rents allegedly owed plus the warrant cost within seven days of service; landlord must accept only once in any 12 month period (O.C.G.A. 44-7-52). Confirm current timing with the clerk.

Suggested Compliance Checklist

Demand possession and serve the notice

Before the affidavit days after starting

Demand possession and, for nonpayment, give the notice to vacate or pay; keep a copy, proof of delivery and the residential lease agreement.

Document: eviction-notice

Make the dispossessory affidavit

After the tenant does not deliver possession days after starting

Swear the affidavit before a magistrate in the district where the land lies, or another judge, clerk or a notary public.

Confirm service by the sheriff or constable

After filing days after starting

Check the entry of service; posting with same-day mailing allows a default for possession but not a default money judgment unless the tenant answers or appears.

Track the 7-day answer period

7 days from actual service (next business day if the 7th is a weekend or holiday) days after starting

If there is no answer, the court issues the writ instanter; if the tenant answers, prepare for trial (confirm with the clerk).

Apply to execute the writ

Within 30 days of issuance days after starting

Apply for the sheriff, constable or marshal to execute the writ, or attach a good-cause affidavit to a later application (confirm with the clerk).

Frequently Asked Questions

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Other Georgia guides

Adult Guardianship in Georgia

Adverse Possession in Georgia: Twenty Years, or Seven With Written Title

Asset Protection Planning in Georgia (2026)

Dealing With Debt Collectors in Georgia (2026)

Delinquent Property Taxes in Georgia: A Sheriff's Tax Deed You Buy Back From the Bidder, Not the County

Expunging a Criminal Record in Georgia (2026)

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