If you rent property in Georgia, it's important to know how the state's eviction laws work—you never know when you might need to evict a tenant down the road. But when you're already a busy landlord or property manager, understanding the eviction process in Georgia can be challenging.
Don't wait until a tenant fails to pay rent or violates the lease to get to know Georgia law. In this article, we'll go over how to do an eviction in Georgia, common reasons for an eviction, and the Georgia eviction timeline, so you'll be prepared, no matter what.
What An Eviction Is and How it Works
First, what is an eviction? An eviction is a legal process that involves a landlord requesting to remove a tenant from the property before their lease is up (or after the lease, in some cases).
While the main purpose of a lease or rental agreement is to protect the landlord's property, keep in mind that the lease also prevents a tenant from being evicted before their term ends. So, even if a tenant is violating Georgia laws or the terms in your lease agreement, you'll need to follow the Georgia eviction process to have them removed.
TL;DR
In Georgia, landlords must follow a formal legal process to evict a tenant—no lockouts, utility shutoffs, or self-help actions allowed. Evictions typically follow these steps: send a written notice, file a court complaint, serve the tenant, attend a hearing, and regain possession if the court rules in your favor.
Landlords can evict tenants for nonpayment of rent, lease violations, or staying past the end of a lease. Notice periods vary: 60 days for month-to-month tenancy and 30 days for lease violations.
When the tenant is served, they have seven days to respond or pay the rent owed. If the court sides with the landlord, a Writ of Possession is issued, and the tenant usually has seven days to move out before law enforcement can remove them.
This process can take several months, depending on notice periods and court timelines. To stay prepared, landlords should maintain a clear lease, keep thorough documentation, and understand local requirements. When in doubt, consult an eviction attorney to avoid troubles with an eviction lawsuit.
Georgia Eviction Law Updates
- 3-Day Notice: As of late 2025, a 3-day notice is now required for nonpayment of rent in Georgia. This notice gives tenants three business days to pay overdue rent or vacate.
- 3-Day Notice to Comply or Vacate: A 3-day notice is now required for lease violations, giving tenants a chance to fix the issue (if applicable).
- 60-Day Notice to Vacate: Georgia law now states that a 60-day notice is required for non-renewal of month-to-month leases.
Most Common Reasons for Eviction
According to eviction laws, Georgia landlords can evict a tenant for a variety of reasons, including failure to pay rent, violation of the lease agreement, or non-renewal of the lease after the rental period ends.
- Failing to Pay Rent: In Georgia, rent is considered late if it is received one day after the due date, unless there is a grace period in the lease or rental agreement. If a tenant fails to pay rent while living in your rental unit, you may start the eviction process after providing a tenant written notice giving the tenant three days to pay rent.
- Non-Renewal of the Lease: When your tenant's lease period ends, and there is no option to renew the lease, the tenant must move out. If the tenant remains in the rental unit after the lease term is over, you must then provide a written notice to the tenant. In Georgia, a 60-day notice is required for month-to-month tenancy.
- Violating the Lease Agreement: If a tenant violates terms written in the lease agreement, such as smoking in non-smoking areas, keeping unapproved pets, or damaging the property, the landlord can provide a written three day notice to quit. This gives the tenant three days to fix the issue or move out.
Violations to Watch Out For
When your tenant signs your lease or rental agreement, they are agreeing to abide by the terms. If they don't this is considered a lease violation. These violations may vary depending on what's in your lease, but here is a short list of common lease violations to look out for:
- Smoking in non-smoking areas designated in or around the rental unit
- Housing unapproved pets
- Engaging in crimes or illegal activity on the rental property
- Disturbing the other tenants or their personal property
- Damaging the rental property
Lease Violations: What Not To Do
No matter how much damage or disturbance your tenant is causing to your rental unit, it is against Georgia law for a landlord to evict a tenant. If you are a landlord, evict tenants through the typical eviction process, not with force or by locking the tenants out of utilities.
Failing to follow the eviction process in Georgia could result in your tenant taking legal action against you.
How To File an Eviction Lawsuit In Georgia
If a landlord finds probable cause to evict a tenant, they must follow through with each step in the eviction process. Follow these simple steps to avoid a failed eviction case or lawsuit:
1. Provide a Written Notice
As mentioned previously, landlords should begin the eviction process in Georgia with a tenant written notice. If the eviction is due to failure to pay rent, the notice should state that there is overdue rent and provide a timeline to mitigate the unpaid rent. If the tenant fails to come up with the amount requested in the time provided (typically 7-14 days' notice) the landlord can begin an eviction case with the courts.
If the tenant is being evicted for other reasons, the notice should also clearly state the reasons for eviction.
Note: This is considered an eviction notice, but serves as a warning. In order for it to be a formal eviction notice, it must be delivered to the tenant or placed on their property. While other states have started recognizing texts or emails as official tenant notices, these currently do not count in Georgia.
2. File a Complaint in Court
Have you provided a written notice? Has the correct amount of time has passed? Now you can file a complaint in the justice court where the property is located. You'll need to submit an affidavit and be responsible for any filing fees, which will vary depending on court location.
Once submitted, the filing process takes anywhere from several days to several weeks.
A Note on Georgia Timelines and Notice Periods
According to Georgia law, landlords are not required to grant tenants a specific amount of time during the notice period unless the tenants are in a month-to-month lease, which requires a 60-day notice period. So, the time it takes to serve the notice to the tenant, wait the appropriate time, and file the paperwork in court will vary depending on the tenant notice and overall court schedule.
3. Serve the Tenant
After the complaint has been filed, the court can continue eviction proceedings by serving the tenant. This involves delivering a summons and affidavit to the tenant's property. Since the landlord cannot serve their own tenant; a court official or process server completes this task. The tenant will usually be served one of three ways:
- Hand-delivered at the tenant's residential property
- Left with another adult living with the tenant
- Sent via first-class mail
4. Wait for a Response
Once the court papers are served, the tenant has seven business days to respond to the court. If the tenant is being evicted for failure to pay rent and pays their rent in full within seven days, the eviction process will not continue.
5. Attend the Court Hearing
During the eviction hearing, the landlord and tenant may share any evidence to the court to support their case. Evidence examples include the following:
- Lease or rental agreement
- Evidence of paid or overdue rent such as invoices or payment receipts
- Witnesses (if a tenant violates the lease)
- Bank statements
- Photo or video evidence (showing signs of property damage, lease violations, etc.)
If the landlord fails to show up to the jury trial, the case is dismissed. If the tenant fails to show up, the court rules in the landlord's favor. If the court rules in favor of the landlord, the court will then issue a Writ of Possession.
What is a Writ of Possession?
A Writ of Possession states that the motion for eviction can now be initiated. This document allows a property owner to regain control of their rental from the tenant after a landlord wins an eviction court case.
A Writ of Possession also authorizes the use of law enforcement, such as a sheriff or police officer, to physically remove the tenant if they do not leave voluntarily.
6. Eviction is Initiated
At this point in the process, the actual eviction can start. If the landlord wins, the tenant typically has seven days to move out. It is the tenant's responsibility to make moving arrangements and remove all their belongings in this quick timeframe.
7. Property is Repossessed
This final step is only necessary if the tenant does not move out of the property within seven days. At that point, a sheriff or authorized official can forcibly remove the tenant or lock them out of the property. Landlords cannot force tenants out themselves, even with the Writ of Possession.
Tenant's Property and Belongings
In Georgia, there are no specific laws regarding items left behind by the tenant. In this case, we recommend that landlords contact the tenant about any belongings left behind and provide a reasonable timeframe to retrieve the items.
If the tenant does not claim their belongings in that timeframe, the landlord can feel free to donate, sell, or dispose of the items.
Georgia Eviction Process Timeline
Timelines may vary depending on the court schedule and response times of both the landlord and tenant. Typically, the Georgia eviction process can take anywhere from one to several months. Here's a brief timeline:
- Establish reason for eviction: Immediate
- Send written notice: Anywhere from 4-60 days, depending on the lease term and reason for eviction
- File eviction lawsuit: Varies
- Court process: Varies
- Court judgment: Immediately after the hearing
- Eviction granted: Within 7 days
- Tenant vacates: Within 7 days of Writ of Possession
Preparing for an Eviction in Georgia
There are several ways to stay prepared as landlord:
Have a Clear Lease Agreement
One of the easiest ways to stay prepared as a landlord is to have a clearly outlined rental agreement. This helps you make your case in the event of a lease violation. You'll want to include specific grace periods and whether or not you accept partial payments if a tenant is overdue to pay rent.
Keep Thorough Records
Whether you're a landlord or tenant, keeping a record of important documents and communications can help provide proof of evidence in the case of an eviction lawsuit. Here are a few tips on organizing your records:
- Store documents in a safe place: Keep screenshots, payment records, rent receipts, lease agreements, etc. in a personal drive or your property management software
- Back up files: Keep copies of important rental or court documents and records in a separate Google Drive, DropBox, or file folder so you never lose them.
- Show communication: Provide evidence of being a compliant tenant or landlord by responding to messages promptly and politely.
Conclusion
Having to evict a tenant as a landlord or property manager can be overwhelming. By understanding the basics of Georgia law as well as how an eviction in Georgia works, you can navigate the process smoothly.
If you need additional help or guidance, hiring an eviction attorney is advised. It's important to know that certain municipalities and local governments often have more requirements for landlords, so lean on a legal expert to ensure you understand local statutes thoroughly.
Keep Tidy Landlord Files
Need a place to store all your tenant and rental documents? TenantCloud makes it easy to keep important documents organized, accurate, and easy to reach. Get started with a free 14-day trial and see how you can level up your property management game.
Frequently Asked Questions
Can you remove tenants yourself in Georgia?
No, landlords cannot remove tenants themselves. Like many states, Georgia requires landlords to provide a verbal or written notice before initiating the eviction process. Failing to follow the proper measures for eviction could result in losing the eviction case or getting sued by the tenant. It's always a good idea to seek a lawyer for additional guidance.
What eviction methods are illegal in Georgia?
Landlords cannot force a tenant out of the home using self-help eviction. This includes using violent threats, cutting off the tenant's access to utilities, vandalizing the property, or changing the locks.
How long must landlords keep tenant belongings in Georgia?
In Georgia, landlords do not have to follow specific guidelines for the removal of tenant's belongings. In general, it's a good idea to communicate with tenants and provide a reasonable time for them to pick items up. If the tenant fails to pick up the items by a reasonable timeframe, the landlord can sell, donate, or dispose of the belongings.
