Georgia Eviction Laws: Step by Step Process & Timeline 2024

Overview of Georgia Landlord-Tenant Laws

The landlord-tenant relationship in Georgia is governed by Title 44, Chapter 7 of the Georgia Code. This set of laws outlines the rights and responsibilities for both landlords and tenants when it comes to renting residential property in Georgia. 

Georgia's landlord-tenant code provides the rules for:

• What landlords must disclose to tenants
• Collecting and returning security deposits
• When and how landlords can enter rental units
• How much notice is required to terminate or change lease terms
• The process that must be followed for evictions and removals
• Obligations for maintaining the property
• Prohibited practices for both landlords and tenants

The Georgia landlord-tenant laws apply to most residential rental properties in the state, including houses, apartments, condos, mobile homes, and duplexes. However, there are some exemptions for transient rentals like hotels or motels.

Landlords and tenants should understand their rights and responsibilities under Georgia law. Violating the landlord-tenant code can result in penalties or legal action. Having a written lease agreement that adheres to Georgia laws is recommended for both parties.

Grounds for Eviction in Georgia

In Georgia, landlords must have proper grounds for eviction before starting the eviction process. The main reasons a landlord can evict a tenant in Georgia include:

Nonpayment of Rent

If a tenant fails to pay rent on time, the landlord can give the tenant a demand notice for the unpaid rent. If the tenant does not pay within the notice period (usually 7 days), this constitutes grounds for eviction. The tenant will still owe the unpaid rent even if they move out.

Lease Violations  

If a tenant violates the terms of the lease, such as having unauthorized pets, guests, or making unauthorized alterations, the landlord can give notice the tenant has violated the lease. If the tenant fails to fix the violation within the notice period, the landlord has grounds to evict.

Damage to Property

If a tenant damages the rental property, the landlord can evict the tenant after giving notice. This includes damaging the unit itself or common areas.

Illegal Activity on Premises

Landlords in Georgia can immediately evict tenants for using the rental property for unlawful activity, such as selling illegal drugs. No notice is required in these cases.

False Information on Rental Application  

Providing false information on a rental application can be grounds for an expedited eviction under Georgia law. Examples include lying about income, rental history, or criminal background.

Eviction Notices in Georgia

In Georgia, landlords must provide tenants with written notice before filing for eviction. The type of notice required depends on the reason for eviction:

Nonpayment of Rent

If the tenant has failed to pay rent on time, the landlord must provide a 7-day notice to pay or vacate. This gives the tenant 7 days to pay the full amount of rent owed or vacate the property.

Lease Violation

For violations of the lease agreement, the landlord must provide a 7-day notice to comply or vacate. This gives the tenant 7 days to correct the violation or vacate the property.

Month-to-Month Tenancy

For month-to-month tenants without a lease, landlords must provide a 60-day notice to vacate. This terminates the month-to-month tenancy.

The notice must be properly served on the tenant, either by certified mail, delivery by the sheriff, or hand delivery with a signed acknowledgement. If the tenant fails to comply with the notice, the landlord can then proceed with filing an eviction complaint in court after the notice period expires. Providing proper notice is a requirement before the eviction process can begin.

Evicting Squatters in Georgia

Squatters, or individuals occupying property without the owner's consent, can pose unique legal challenges in Georgia. The eviction process for squatters differs from standard tenant evictions, as squatters do not have a lease or rental agreement. Instead, property owners must rely on state laws to assert their right to possession and remove squatters effectively.

Understanding Squatter Rights and Adverse Possession

In Georgia, the squatters rights law recognizes the doctrine of adverse possession, outlined in O.C.G.A. § 44-5-163 and § 44-5-164, which allows squatters to claim ownership of a property if they meet specific conditions. For a squatter to claim adverse possession, they must demonstrate actual possession that is open and notorious, exclusive, continuous, and under a claim of hostile or adverse possession for at least 20 years (or 7 years with color of title).

However, most squatters do not meet these strict requirements and can instead be considered criminal trespassers. Property owners should take prompt action to remove squatters and prevent them from establishing long-term possession.

Steps to Evict a Squatter

1. Confirm Trespassing Status
   Determine if the squatter meets the legal definition of adverse possession or if they qualify as a trespasser. If they do not meet the criteria for adverse possession, they are unlawfully occupying the property.
2. Contact Local Law Enforcement
   If the squatter is trespassing, report them to the police or sheriff’s office. Law enforcement can address cases of criminal trespassing and may help remove individuals who are illegally occupying the property.
3. Initiate the Eviction Process
   If law enforcement cannot remove the squatter, file for an eviction in court. Follow Georgia’s eviction procedures, including serving the squatter with a notice to vacate and attending a court hearing. A writ of possession can be issued if the court rules in your favor.
4. Enforce the Eviction
   Once you have obtained a writ of possession, the sheriff’s office will oversee the physical removal of the squatter from the property.

Preventative Measures

To avoid squatter-related issues, ensure properties are well-maintained and secure. Regular inspections and clear communication of ownership rights can deter squatters from attempting open and notorious possession.

Understanding Georgia's property laws and taking swift action can help property owners protect their rights and regain control over their property from unlawful squatters.

Eviction Court Process in Georgia

In Georgia, if a tenant fails to comply with an eviction notice within the required timeframe, the landlord can file a "dispossessory affidavit" with the magistrate court to begin the eviction lawsuit. 

The dispossessory affidavit must contain certain information, including the grounds for eviction, a statement that the landlord has demanded possession of the property, and a verification that the contents of the affidavit are true to the best of the landlord's knowledge.

After the landlord files the dispossessory affidavit, the court will issue a summons requiring the tenant to answer the complaint within 7 days. This begins the formal court eviction process.

If the tenant fails to file an answer within 7 days, the landlord can seek a default judgment granting possession of the property back to the landlord.

If the tenant does submit an answer, the court will schedule a trial date within 15 days from the date the tenant's answer was filed. 

At the trial, both the tenant and landlord will have the opportunity to present evidence and testimony to support their case. This may be a bench trial decided by a judge or a jury trial if either party requests it. 

After hearing all the evidence, the judge or jury will issue a ruling on the eviction case. If the landlord proves their case for eviction, the court will issue a writ of possession granting the property back to the landlord. The sheriff can then enforce the writ and evict the tenant if they fail to vacate.

Eviction Laws in Georgia Quick Reference Table

Defenses Against Eviction in Georgia

If a landlord files for eviction, the tenant has the right to defend themselves in court. There are several legal defenses a tenant can raise to fight an eviction in Georgia:

Evidence rent was paid

If a landlord claims nonpayment of rent, the tenant can provide evidence showing rent was paid on time. This includes rent receipts, cancelled checks, money order stubs, bank statements, or testimony of payment in cash. If the tenant can prove rent was paid, the eviction will be dismissed.

Dispute of lease violation

If the landlord alleges the tenant violated the lease, the tenant can argue they did not actually violate the terms. For example, if the landlord claims noise complaints but the tenant can show the complaints were unfounded, or prove the noise did not rise to the level of disturbing other tenants.

Retaliation by landlord

If the tenant recently exercised a legal right, such as requesting repairs, joining a tenants union, or filing a complaint, the eviction could be considered illegal retaliation. The tenant must provide evidence of their protected action and the subsequent retaliation.

Landlord failed to provide habitable premises

Under Georgia law, landlords must provide a fit and habitable dwelling. If there are serious defects like insect infestations, no hot water, or dangerous mold, the tenant can argue the landlord breached the warranty of habitability. Rent withholding is allowed in certain situations until repairs are made.

Discrimination

If the tenant believes they are being evicted due to discrimination based on race, religion, family status, disability, etc., they may be able to get the eviction dismissed under fair housing laws. This requires showing evidence of discrimination.

Tenants facing eviction should seek legal aid to understand all possible defenses available to them. With proper evidence and legal arguments, many evictions can be successfully fought in Georgia.

Eviction Timeline in Georgia

The eviction process in Georgia typically takes between 30-45 days from start to finish if the tenant does not contest the eviction. Here are the key time periods:

Nonpayment of Rent Notice

If the tenant fails to pay rent, the landlord must provide a 7 day notice to pay or vacate. 

Tenant Response to Affidavit

Once the landlord files an affidavit for eviction, the tenant has 7 days to respond and request a trial.

Trial

If the tenant requests a trial, it must be scheduled within 15 days of the landlord filing the affidavit.

Writ of Possession

After the court rules in favor of the landlord, there is usually a 1-2 week wait for the sheriff to serve the writ of possession and forcibly remove the tenant if needed. 

Actual Eviction

The sheriff will coordinate with the landlord on a date to evict the tenant, which is typically scheduled 1-2 weeks after the writ of possession is issued.

So in summary, the typical eviction timeline is:

• 7 days for notice to pay rent 
• 7 days for tenant to respond
• 15 days maximum to trial
• 1-2 weeks for writ of possession
• 1-2 weeks until actual eviction

This brings the total timeline to approximately 30-45 days if the eviction is uncontested. The process may take longer if there are any delays in scheduling the court date or serving the tenant.

Georgia Eviction Process Timeline

The eviction process in Georgia follows a structured timeline to ensure both landlords and tenants understand their rights and responsibilities.

This table provides an overview of each step in the process, including the actions required and the typical time frames involved.

Removal of Property After Eviction

After a judge grants a writ of possession, the tenant has 5 days to remove all of their personal property from the rental unit. The landlord cannot dispose of or store any property during this 5 day period.

Once the 5 days have passed, the landlord can remove and dispose of any property left behind by the tenant. This includes furniture, clothing, appliances, and any other personal possessions. The landlord is not required to store abandoned property.  

However, the landlord must store all legal and financial documents left behind for 30 days, including forms of identification, bank records, tax returns, etc. The tenant can contact the landlord during this 30 day window to retrieve their documents. After 30 days, the landlord can discard these documents.

Tenants are advised to remove all of their belongings within the 5 day period to avoid losing their property. Any possessions left behind become the property of the landlord to dispose of or sell. The tenant is not entitled to the value of abandoned property that the landlord sells or disposes of after the eviction process is complete.

Eviction Record in Georgia

In Georgia, evictions become public record once the court issues a writ of possession and the eviction is enforced. The eviction will be documented at the county courthouse and accessible to tenant screening services. 

An eviction record will remain searchable for 7 years in Georgia before being removed. Having an eviction on your record can make it very difficult to rent again, as most landlords will reject applicants with a recent eviction. Some tenants end up on "blacklists" circulated by tenant screening agencies if they are evicted.

Even after 7 years when the eviction drops off your record, many rental applications still ask if you have ever been evicted before. It's important to answer truthfully, and be prepared to explain the circumstances and what you've done since then. 

Tenants who receive federal housing assistance could be disqualified from programs for 3-5 years after an eviction. A record can also impact your credit score and ability to qualify for loans or other housing opportunities.

While an eviction stays on your record, your options are limited to seeking housing from landlords who are willing to work with tenants with an eviction history. This may mean looking at private landlords rather than large corporate apartment complexes. Offering an increased security deposit, positive references from employers/case workers, and evidence of income may improve your chances.

Georgia Eviction Costs

The eviction process in Georgia involves several potential costs that landlords should be aware of. These costs can vary depending on the complexity of the eviction case and the specific circumstances involved.

The table below summarizes the most common expenses associated with the eviction process.

These expenses can add up, so it's important to consider them when deciding to proceed with an eviction. Landlords should also be aware that the eviction process is governed by state law, and all steps must be legally compliant to avoid additional liabilities.

Alternatives to Eviction in Georgia

While eviction may seem like the only option for a landlord dealing with a problematic tenant, there are alternatives that can help avoid an eviction on the tenant's record and the costs associated with going through the eviction process. Some options to consider instead of or before pursuing eviction include:

Payment Plans

If a tenant is struggling to pay rent, a landlord may want to discuss a payment plan before moving forward with eviction. This allows the tenant to avoid eviction while catching up on late rent by making partial payments over an agreed timeframe. Any payment plan should be put in writing with clear terms to avoid misunderstandings. This option works best for tenants who want to pay rent but are facing temporary financial hardship.

Mediation 

Landlords and tenants can voluntarily agree to mediation to resolve disputes with the help of a neutral third-party mediator. Mediation can address issues like late rent, lease violations, property damage, or communication problems. The mediator helps both parties negotiate and compromise to reach a mutual agreement. Mediation is typically faster, cheaper, and less adversarial than going through eviction court.

Cash for Keys Agreements

A cash for keys agreement involves the landlord providing a financial incentive for the tenant to vacate the property promptly and in good condition. This avoids the costs and time of going through formal eviction. The landlord and tenant agree on a move-out date and amount of compensation to be exchanged for the tenant handing over the keys and leaving the unit undamaged.

Tenant Relocation Assistance

As an alternative to eviction, landlords may offer relocation assistance to tenants who can no longer afford the rent or are otherwise unable to stay. The landlord can provide financial help with expenses like moving costs, security deposits, or rent at a new place. This can be a win-win allowing the tenant to avoid an eviction while the landlord avoids vacancy losses during the eviction process.

COVID Eviction Protections in Georgia

With the federal eviction moratorium from the CDC having expired in August 2021, there are currently no statewide protections against eviction specifically related to COVID-19 hardship in Georgia. However, some local jurisdictions may still have emergency rental assistance programs or temporary eviction bans in place. 

Tenants facing financial hardship due to COVID-19 should check with their county and city government to see if any local protections apply to their situation. For example, the city of Atlanta had extended their eviction moratorium until the end of 2021 to keep people housed during the pandemic. Other cities like Macon and Savannah also instituted temporary bans on certain nonpayment eviction filings during COVID-19.

While statewide eviction protections have expired, tenants may still be able to access emergency rental assistance by applying through Georgia's State Rental Assistance Program. This program can provide up to 15 months of rent and utility payments for low-income renters, which must be used to pay off rental arrears before covering future payments. To qualify, renters have to meet income limits and have faced economic hardship related to COVID-19.  

Landlords are also encouraged to seek rental assistance on behalf of tenants and avoid evictions whenever possible. However, they are no longer legally prohibited from filing for eviction for nonpayment of rent once any local moratoriums have lifted. Still, the state urges landlords to be patient and exhaust rental assistance options before resorting to eviction.

Overdue Rent? Eviction Services Are Available

If you find yourself dealing with tenants who are consistently late on rent payments, it can be a stressful and frustrating situation. However, you don't have to face it alone.

Hemlane is here to assist you in navigating the process and ensuring that you receive the rent you are owed, all while minimizing costly court fees. Explore our eviction services and on-demand delinquency management today.

Frequently Asked Questions