How to Serve a Notice to Vacate in Georgia (2026)
Reviewed by DocDraft Legal Team · Georgia · Last updated 2026-05-25
Georgia landlords serve a demand for possession under OCGA § 44-7-50(a) before filing a dispossessory action. The statute permits the demand to be oral or written and imposes no statutory waiting period between the demand and the dispossessory filing. A separate 60-day written notice under OCGA § 44-7-7 is required to terminate a tenancy at will; once the tenancy ends, the landlord still must demand possession under § 44-7-50 before filing. The tenant has 7 days to answer under OCGA § 44-7-51(b), and the writ of possession becomes effective 7 days after judgment under OCGA § 44-7-55(c). Georgia has no statewide just-cause requirement and no operating rent control; OCGA § 44-7-19 preempts local rent regulation. Dispossessory actions are filed in the county Magistrate Court where the property is located.
Can a Georgia landlord serve an oral demand for possession?
Yes. OCGA § 44-7-50(a) does not impose a writing requirement on the pre-filing demand for possession. The statute provides that the owner may demand the possession of the property without specifying form, which makes Georgia one of the few states whose statute permits an oral demand. Written demand remains universal industry practice for evidentiary reasons and is required by some federally subsidized housing programs, but an oral demand satisfies the statute.
Is there a waiting period between the demand for possession and filing the dispossessory action?
No. OCGA § 44-7-50(a) provides that if the tenant refuses or fails to deliver possession when so demanded, the owner may immediately go before the judge or magistrate. Georgia imposes no statutory waiting period analogous to California's 3-day pay-or-quit notice, Texas's 3-day notice to vacate, or New York's 14-day rent demand. The dispossessory affidavit may be filed the same day the demand is refused.
How does the § 44-7-7 60-day notice interact with the § 44-7-50 demand for possession?
They are separate steps. OCGA § 44-7-7 requires 60 days written notice from the landlord to terminate a tenancy at will (month-to-month or no specified term); this notice ends the tenancy. Once the tenancy has ended, the landlord still must demand possession under OCGA § 44-7-50 and, if the tenant refuses to deliver possession, file a dispossessory affidavit. The 60-day notice does not itself authorize a dispossessory filing.
What is the combined timeline from demand to writ of possession in Georgia?
For a nonpayment or holdover case under a fixed-term lease, the demand for possession may be served the day rent becomes due or the term expires, and the dispossessory affidavit may be filed immediately upon refusal. The tenant has 7 days from service to answer under OCGA § 44-7-51(b). If no answer is filed, the landlord may seek a default judgment for possession; the writ of possession becomes effective 7 days after judgment is entered under OCGA § 44-7-55(c). The fastest uncontested pipeline runs from demand to writ-eligible date in roughly two to three weeks once court calendars are factored in.
Georgia dispossessory framework at a glance
Georgia's notice-to-vacate framework sits on two statutes that landlords routinely conflate to their detriment. OCGA § 44-7-50(a) governs the pre-filing demand for possession that precedes every dispossessory action; the demand may be oral or written, and there is no statutory waiting period between the demand and the dispossessory filing. OCGA § 44-7-7 separately requires 60 days written notice from the landlord (and 30 days from the tenant) to terminate a tenancy at will; this notice ends the tenancy but does not itself authorize the dispossessory filing. After the tenancy ends, the landlord still must demand possession under § 44-7-50 and, on refusal, file the dispossessory affidavit. Combined with the 7-day tenant answer window under OCGA § 44-7-51(b) and the 7-day post-judgment writ stay under OCGA § 44-7-55(c), Georgia runs one of the country's fastest landlord-to-writ pipelines. Georgia has no statewide just-cause rule, no operating rent control (OCGA § 44-7-19 preempts any county or municipal rent regulation), and no eviction-records sealing analogous to California's CCP § 1161.2. Dispossessory actions are filed in the county Magistrate Court where the property sits; metro counties (Fulton, DeKalb, Gwinnett, Cobb, Clayton, Chatham) each publish their own filing-fee schedules and dispossessory affidavit templates through the Council of Magistrate Court Judges and county clerk websites.
Landlord Resources
Georgia Real Estate Investors Association
Statewide industry association for Georgia property owners; publishes landlord guidance on the OCGA § 44-7-50 demand-for-possession framework, Magistrate Court filing procedures, and forms for member operators.
Atlanta Apartment Association
Metro Atlanta industry association serving multifamily operators; publishes compliance updates on Georgia landlord-tenant law and county-by-county dispossessory practice in Fulton, DeKalb, Gwinnett, Cobb, and Clayton.
Council of Magistrate Court Judges of Georgia
Official judicial-branch resource for uniform civil case filing forms and dispossessory affidavit templates used in Georgia Magistrate Courts statewide.
Georgia Department of Community Affairs. Landlord-Tenant Handbook
State agency landlord-tenant reference for Georgia property owners; covers the statutory framework, lease drafting, security deposits, and the dispossessory pathway.
Relevant Laws
OCGA § 44-7-50 (Demand for Possession; Dispossessory Affidavit)
Authorizes the owner to demand possession after holdover, nonpayment, or termination of a tenancy at will; provides that the landlord may immediately file the dispossessory affidavit on refusal. The statute does not require the demand to be in writing.
OCGA § 44-7-7 (Notice to Terminate Tenancy at Will)
Requires 60 days notice from the landlord and 30 days notice from the tenant to terminate a tenancy at will. The notice ends the tenancy and is a separate step from the § 44-7-50 demand for possession.
OCGA § 44-7-51 (Service of Dispossessory Summons; Tenant Answer)
Sets service rules for the dispossessory summons and affidavit (personal, substitute on a sui juris resident, or tack-and-mail) and the tenant's 7-day answer window from the date of actual service.
OCGA § 44-7-52 (Tender of Payment as Complete Defense)
In a nonpayment dispossessory action, the tenant may tender all rents owed plus the cost of the dispossessory warrant within 7 days of service as a complete defense, available once per 12-month period per tenant.
OCGA § 44-7-55 (Judgment; Writ of Possession; Abandoned Property)
Provides that the writ of possession becomes effective 7 days after entry of judgment, and that the landlord owes no bailment duty over personal property remaining after the writ is executed.
OCGA § 44-7-24 (Retaliation Prohibition; Safe at Home Act)
Prohibits a landlord from filing dispossessory action or taking other retaliatory action within three months after a tenant's protected action; allows a civil penalty of one month's rent plus $500 and attorney's fees where conduct is willful, wanton, or malicious.
OCGA § 44-7-19 (Local Rent Control Preemption)
Preempts any county, municipal corporation, consolidated government, or local agency from enacting or enforcing an ordinance regulating the amount of rent for privately owned residential rental property.
Federal SCRA, 50 U.S.C. § 3955 (Termination of Residential Leases)
Federal protection allowing active-duty servicemembers to terminate residential leases on military orders or deployment of 90 days or more; the only military early-termination protection that applies in Georgia.
Regional Variances
Georgia Magistrate Court dispossessory practice by metro
Atlanta (Fulton County Magistrate Court)
Fulton County is the highest-volume dispossessory docket in the state. Filing fee is approximately $60 plus $35 marshal service per defendant. The Magistrate Court of Fulton County publishes its dispossessory affidavit template and fee schedule online. Docket volume can push hearings to the upper end of the typical 1 to 4 week post-answer window. Source-of-income discrimination rules administered by the City of Atlanta apply within city limits to certain housing programs.
DeKalb County
DeKalb County Magistrate Court charges approximately $54 filing plus $35 marshal service per defendant. The court publishes a dedicated landlord-tenant dispossessory forms page through dekalbcountymagistratecourt.com. Tack-and-mail service is common in larger multifamily properties.
Gwinnett County
Gwinnett County Magistrate Court filing fee is approximately $60 plus $25 sheriff service per defendant; the court's dispossessory action page at gwinnettcourts.com publishes the filing checklist and current fee schedule. Hearings typically set within 1 to 3 weeks after the tenant's answer.
Cobb and Clayton Counties
Cobb County Magistrate Court and Clayton County Magistrate Court each publish separate dispossessory affidavit templates and fee schedules. Filing fees fall within the metro range of approximately $60 to $120 inclusive of service. Local marshal vs. sheriff service routing varies by county.
Savannah (Chatham County)
Chatham County Magistrate Court handles dispossessory filings for Savannah-area properties. Filing fees and service rules track the statewide framework under OCGA Title 44, Chapter 7, Article 3. Coastal Georgia federally subsidized housing units routinely require concurrent compliance with HUD lease-termination notice rules per OCGA § 44-7-50(b).
Macon (Bibb County)
Bibb County Magistrate Court handles dispossessory filings for Macon-area properties. Filing fees and pathway follow the statewide framework; smaller-county dockets tend to set hearings faster than metro Atlanta. The Macon Housing Authority operates a substantial federally subsidized portfolio in which § 44-7-50(b) concurrent-notice rules apply.
Suggested Compliance Checklist
Identify the statutory ground (nonpayment, holdover, tenancy-at-will termination)
Pre-demand planning days after startingMap the situation to the correct OCGA Title 44, Chapter 7 path. Nonpayment under a current lease: demand possession under § 44-7-50(a); no waiting period before filing the dispossessory affidavit. Holdover after a fixed-term lease: demand possession under § 44-7-50(a); no waiting period. Tenancy at will (month-to-month or no specified term): serve 60 days written notice under § 44-7-7 first; after the tenancy ends, demand possession under § 44-7-50.
Decide the form of the demand for possession (oral or written)
Pre-demand planning days after startingOCGA § 44-7-50(a) permits the demand to be oral or written. Written demand is the universal industry practice for evidentiary reasons and creates a clean record if the tenant disputes whether the demand was made. For federally subsidized units, OCGA § 44-7-50(b) requires that the demand be combined with the federally required HUD lease termination notice in a separate writing. For non-subsidized units, document the date, method, and recipient of any oral demand contemporaneously.
If tenancy at will, serve the 60-day termination notice under § 44-7-7
Pre-demand planning days after startingRequired only for a tenancy at will. The notice must be in writing from the landlord and provide at least 60 days before the termination date. Standard content: identify parties, premises, termination date at least 60 days out, and landlord signature. This notice ends the tenancy; it does not authorize the dispossessory filing. After the tenancy ends, the landlord still must demand possession under § 44-7-50.
Issue the demand for possession under OCGA § 44-7-50(a)
Demand days after startingThe demand may be oral or written. Convey that the owner demands that the tenant deliver possession of the premises. No statutorily required content elements apply. For evidentiary clarity, use a written demand that names the parties, the premises, the ground (holdover, nonpayment, or tenancy-at-will termination), and the date of demand. Personal delivery, certified mail with return receipt, or in-person delivery with a witness all build a defensible record.
File the dispossessory affidavit immediately upon refusal
Post-demand filing days after startingOCGA § 44-7-50(a) imposes no statutory waiting period between demand and filing. Once the tenant refuses or fails to deliver possession when so demanded, the landlord may immediately file the dispossessory affidavit in the Magistrate Court of the county where the property is located. Filing fees range from approximately $60 to $120 inclusive of service depending on the metro county (Fulton, DeKalb, Gwinnett, Cobb, Clayton, Chatham, Bibb each publish separate fee schedules). Each county Magistrate Court publishes its own dispossessory affidavit template; the Council of Magistrate Court Judges of Georgia maintains uniform civil case filing forms.
Confirm proper service of the dispossessory summons under § 44-7-51(a)
Service days after startingPersonal service on the defendant is the default. If personal service cannot be effected after reasonable effort, delivery to a sui juris person residing on the premises is permitted. If neither is feasible, tack-and-mail service (posting on the door plus first-class mailing on the same day to the defendant's last known address) is allowed. Where service is by tack-and-mail only, a money judgment cannot enter on default; a possession-only default judgment can. Document the server's affidavit of service before relying on default.
Track the 7-day tenant answer window under § 44-7-51(b)
Post-service of summons days after startingThe tenant may answer orally or in writing within 7 days from the date of actual service. If the seventh day is a Saturday, Sunday, or legal holiday, the answer may be made on the next non-holiday weekday. If no answer is filed, the landlord may seek a default judgment for possession. If the tenant tenders all rents owed plus the cost of the dispossessory warrant within 7 days of service, that tender is a complete defense under § 44-7-52(a), available once per 12-month period per tenant.
Appear at the Magistrate Court hearing
Hearing days after startingNo statutory mandate fixes the hearing date. Once the tenant files an answer within 7 days, the Magistrate Court schedules a hearing on its docket; metro Atlanta counties (Fulton, DeKalb, Gwinnett, Cobb, Clayton) typically set hearings 1 to 4 weeks after the answer. Bring the lease, the demand for possession with proof of method (written copy, certified mail receipt, or witness affidavit for oral demand), the dispossessory affidavit, the rent ledger if nonpayment is the ground, and any documentation supporting compliance with the § 44-7-24 anti-retaliation rule (no retaliatory action within three months of a tenant's protected action).
Obtain and execute the writ of possession
Post-judgment days after startingUnder OCGA § 44-7-55(c), the writ of possession becomes effective 7 days after entry of judgment. The county sheriff or marshal executes the writ. Once the writ is executed, the landlord is not a bailee of the tenant's personal property and owes no duty to the tenant regarding such property; the property is treated as abandoned under § 44-7-55(c). Attorney review is available before filing or before executing the writ if the case involves a federally subsidized unit, a disputed retaliation defense, a protected-class issue, or an SCRA-protected servicemember-tenant.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Identify the statutory ground (nonpayment, holdover, tenancy-at-will termination) | Map the situation to the correct OCGA Title 44, Chapter 7 path. Nonpayment under a current lease: demand possession under § 44-7-50(a); no waiting period before filing the dispossessory affidavit. Holdover after a fixed-term lease: demand possession under § 44-7-50(a); no waiting period. Tenancy at will (month-to-month or no specified term): serve 60 days written notice under § 44-7-7 first; after the tenancy ends, demand possession under § 44-7-50. | - | Pre-demand planning |
| Decide the form of the demand for possession (oral or written) | OCGA § 44-7-50(a) permits the demand to be oral or written. Written demand is the universal industry practice for evidentiary reasons and creates a clean record if the tenant disputes whether the demand was made. For federally subsidized units, OCGA § 44-7-50(b) requires that the demand be combined with the federally required HUD lease termination notice in a separate writing. For non-subsidized units, document the date, method, and recipient of any oral demand contemporaneously. | - | Pre-demand planning |
| If tenancy at will, serve the 60-day termination notice under § 44-7-7 | Required only for a tenancy at will. The notice must be in writing from the landlord and provide at least 60 days before the termination date. Standard content: identify parties, premises, termination date at least 60 days out, and landlord signature. This notice ends the tenancy; it does not authorize the dispossessory filing. After the tenancy ends, the landlord still must demand possession under § 44-7-50. | notice-to-vacate | Pre-demand planning |
| Issue the demand for possession under OCGA § 44-7-50(a) | The demand may be oral or written. Convey that the owner demands that the tenant deliver possession of the premises. No statutorily required content elements apply. For evidentiary clarity, use a written demand that names the parties, the premises, the ground (holdover, nonpayment, or tenancy-at-will termination), and the date of demand. Personal delivery, certified mail with return receipt, or in-person delivery with a witness all build a defensible record. | notice-to-vacate | Demand |
| File the dispossessory affidavit immediately upon refusal | OCGA § 44-7-50(a) imposes no statutory waiting period between demand and filing. Once the tenant refuses or fails to deliver possession when so demanded, the landlord may immediately file the dispossessory affidavit in the Magistrate Court of the county where the property is located. Filing fees range from approximately $60 to $120 inclusive of service depending on the metro county (Fulton, DeKalb, Gwinnett, Cobb, Clayton, Chatham, Bibb each publish separate fee schedules). Each county Magistrate Court publishes its own dispossessory affidavit template; the Council of Magistrate Court Judges of Georgia maintains uniform civil case filing forms. | - | Post-demand filing |
| Confirm proper service of the dispossessory summons under § 44-7-51(a) | Personal service on the defendant is the default. If personal service cannot be effected after reasonable effort, delivery to a sui juris person residing on the premises is permitted. If neither is feasible, tack-and-mail service (posting on the door plus first-class mailing on the same day to the defendant's last known address) is allowed. Where service is by tack-and-mail only, a money judgment cannot enter on default; a possession-only default judgment can. Document the server's affidavit of service before relying on default. | - | Service |
| Track the 7-day tenant answer window under § 44-7-51(b) | The tenant may answer orally or in writing within 7 days from the date of actual service. If the seventh day is a Saturday, Sunday, or legal holiday, the answer may be made on the next non-holiday weekday. If no answer is filed, the landlord may seek a default judgment for possession. If the tenant tenders all rents owed plus the cost of the dispossessory warrant within 7 days of service, that tender is a complete defense under § 44-7-52(a), available once per 12-month period per tenant. | - | Post-service of summons |
| Appear at the Magistrate Court hearing | No statutory mandate fixes the hearing date. Once the tenant files an answer within 7 days, the Magistrate Court schedules a hearing on its docket; metro Atlanta counties (Fulton, DeKalb, Gwinnett, Cobb, Clayton) typically set hearings 1 to 4 weeks after the answer. Bring the lease, the demand for possession with proof of method (written copy, certified mail receipt, or witness affidavit for oral demand), the dispossessory affidavit, the rent ledger if nonpayment is the ground, and any documentation supporting compliance with the § 44-7-24 anti-retaliation rule (no retaliatory action within three months of a tenant's protected action). | - | Hearing |
| Obtain and execute the writ of possession | Under OCGA § 44-7-55(c), the writ of possession becomes effective 7 days after entry of judgment. The county sheriff or marshal executes the writ. Once the writ is executed, the landlord is not a bailee of the tenant's personal property and owes no duty to the tenant regarding such property; the property is treated as abandoned under § 44-7-55(c). Attorney review is available before filing or before executing the writ if the case involves a federally subsidized unit, a disputed retaliation defense, a protected-class issue, or an SCRA-protected servicemember-tenant. | - | Post-judgment |
Frequently Asked Questions
No. OCGA § 44-7-50(a) does not impose a writing requirement on the demand for possession. The owner may demand the possession of the property by any means that conveys the demand, including orally. Written demand is the universal industry practice for evidentiary reasons and is required by some federally subsidized housing programs under OCGA § 44-7-50(b), but an oral demand satisfies the statute as a matter of black-letter Georgia law.
Zero statutory days. OCGA § 44-7-50(a) provides that if the tenant refuses or fails to deliver possession when so demanded, the owner may immediately go before the judge or magistrate. Georgia imposes no minimum waiting period between the demand and the dispossessory filing. Once the tenant refuses to deliver possession, the dispossessory affidavit may be filed the same day.
OCGA § 44-7-7 applies to terminate a tenancy at will (month-to-month or a tenancy with no specified term). The landlord must give 60 days written notice; a tenant terminating gives 30 days. The 60-day notice ends the tenancy itself. After the tenancy ends, the landlord still must demand possession under OCGA § 44-7-50 and, if the tenant refuses to deliver possession, file the dispossessory affidavit. The 60-day notice is a prerequisite to ending the tenancy, not a substitute for the § 44-7-50 demand.
Not by statute. OCGA § 44-7-50 imposes no statutory cure period for lease violations. The lease contract itself may grant the tenant a contractual cure right; absent such a clause, the landlord may demand possession and proceed to a dispossessory action without giving the tenant any opportunity to cure. In a nonpayment case, OCGA § 44-7-52(a) gives the tenant a one-time-per-12-months right to tender all rents owed plus the cost of the dispossessory warrant within 7 days of service as a complete defense, but this is a tender right after filing, not a pre-filing cure right.
OCGA § 44-7-51(a) requires personal service on the defendant. If personal service cannot be effected, service may be made by delivering the summons and affidavit to any sui juris person residing on the premises. If neither method is feasible after reasonable effort, the summons and affidavit may be posted on the door of the premises and, on the same day, mailed by first-class mail to the defendant's last known address. This last method is known as tack-and-mail service. Where service is by tack-and-mail only, a money judgment cannot enter on default; a possession-only default judgment can.
Yes. OCGA § 44-7-24, enacted by the Safe at Home Act of 2019, prohibits a landlord from filing a dispossessory action, depriving the tenant of use of the premises, or taking similar retaliatory action within three months after the tenant in good faith exercised a right or remedy, gave the landlord a notice to repair, complained to a code-enforcement agency or public utility, or participated in a tenant organization. A retaliation defense is a complete defense to the dispossessory action and exposes the landlord to a civil penalty of one month's rent plus $500, court costs, and reasonable attorney's fees where the conduct is willful, wanton, or malicious.
No. Georgia has no statewide just-cause requirement. A landlord may decline to renew a fixed-term lease without stating a reason, and may terminate a tenancy at will for any non-discriminatory, non-retaliatory reason by giving 60 days notice under OCGA § 44-7-7. Federal and state fair housing law (42 U.S.C. § 3604 and the Georgia Fair Housing Act, OCGA § 8-3-200 et seq.) and the OCGA § 44-7-24 anti-retaliation rule remain in force.
No. OCGA § 44-7-19 preempts any county, municipal corporation, consolidated government, or local agency from enacting an ordinance regulating the amount of rent for privately owned single-family or multifamily residential rental property. Atlanta has adopted limited tenant-protection measures (such as source-of-income discrimination protections in city-funded units), but no Georgia city imposes a just-cause requirement or notice period beyond the state statutory framework. State preemption forecloses local rent control.
No. Georgia has no statute analogous to California's CCP § 1161.2 (60-day sealing of unlawful-detainer records) or Washington's eviction-records sealing rule. Dispossessory filings in Georgia Magistrate Court are public records and remain so indefinitely, with downstream tenant-screening consequences regardless of case outcome. Landlords reviewing applicant rental history may rely on public Magistrate Court records subject to applicable federal screening-disclosure rules.
Federal SCRA (50 U.S.C. § 3955) governs. A servicemember-tenant on a residential lease may terminate the lease at any time after entry into military service, after receipt of military orders for a permanent change of station, or after a deployment of 90 days or more. Termination is effective 30 days after the next rent due date for monthly leases. A landlord receiving an SCRA termination notice should not proceed with a demand for possession or dispossessory filing on the same tenancy without first verifying the orders. Georgia does not have a separate state SCRA statute that extends federal protections.
OCGA § 44-7-55(c) provides that once the writ of possession is executed, the landlord is not a bailee of the tenant's personal property and owes no duty to the tenant regarding such property; the property is treated as abandoned. Georgia is markedly more landlord-favorable on this dimension than California, Washington, New York, and most other states, which impose holding-and-notice regimes for abandoned tenant property. Attorney review is available before executing the writ if the case involves a covered-tenancy question, a disputed protected-class issue, or a federally subsidized unit.
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