To serve a Georgia eviction notice, you need to have a legal cause. The cause may range from a violation to noncompliance with an agreement.
However, the principle of serving an eviction notice in Georgia is quite different compared to other places in the United States. Here, the landlord has the leeway to decide how much notice to give the tenant.
This freedom also comes with its rules and procedures, which must be duly followed by both parties to the rental agreement.
It’s important that you understand this part of the law as a landowner. It helps prevent any potential legal consequences. It also helps tenants avoid unlawful tenancy termination since their rights are protected under the law. In this article, we will cover the eviction laws in Georgia, viable grounds for evicting a tenant, types of eviction notices, and the legal plus court-related proceedings.
Up-to-date Eviction Laws in Georgia for 2024
The primary statute that governs the eviction process in Georgia is the Official Code of Georgia Annotated, particularly Chapter 44-7-49 – 44-7-59.
Only two types of Georgia eviction notices are specified under the law. The first is the Notice to Quit for nonpayment of rent and the Notice to terminate a Month-to-Month tenancy.
However, there are other grounds to terminate a tenancy agreement under Georgia eviction laws.
Over the years, these laws have been repealed and modified to fit into the current situation of the society.
Now, let’s take a look at the grounds for evicting a tenant in the state of Georgia.
Grounds for Eviction in Georgia
As a landlord, you can only terminate a tenancy agreement early based on a few grounds. These grounds are recognized under the law, and it gives you the right to bring an action against your tenant. These grounds are;- Failure to Pay Rent
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NOTICE!
Unless the lease says otherwise, rent in Georgia is considered late if it remains unpaid a day past its due date. For example, if the rent is due on the 1st of July, it is considered late on the 2nd of July.
But where you included a grace period in the lease agreement, you have to stand by it.
- Violation of Lease Terms
- Damaging the rental property;
- Failing to keep the premises clean and sanitary;
- Keeping pets where it is not allowed;
- Smoking where it is unauthorized;
- Restricting the landlord from accessing the rental unit;
- Subletting without permission, etc.
- Illegal Activity
- Committing or taking part in prostitution
- Committing a criminal or an illegal act
- Establishing a temporary or permanent site to serve as sleeping quarters for money.
- Non-Renewal of Lease
Types of Georgia Eviction Notice Forms
Georgia eviction notices are legal forms used to end a landlord-tenant relationship. It is used to terminate the rental agreement between a landlord and a tenant. There are various types of eviction notices in Georgia, but only two are specified under the law. If you’re planning on evicting your tenant, you should understand this part of the law. It will help you know your responsibilities, rights, and the best possible procedure to take.| Eviction Notice Type | Grounds |
| Non-payment of Rent | Immediate |
| Violation of Lease Agreement | No Statute – Discretion of the Landlord |
| Illegal Activity | No Statute – Discretion of the Landlord |
| Damage to Property | No Statute – Discretion of the Landlord |
| Month-to-Month Tenancy | 60-day Notice to Vacate |
Eviction Notices with Cause
You can evict your tenant if he/she violates any term of the lease or terms of the law. When a tenant is a reason for the eviction, it is called ‘eviction with cause’. Here are the following types of evictions with cause in Georgia; 1. Unspecified Notice to Pay Rent or Quit If your tenant fails to pay rent when due, you can serve a Georgia eviction notice to pay the rent or quit. After serving the notice, you may decide to file a lawsuit immediately or give the tenant a few days to pay back. However, most landlords usually give the tenant at least three days to pay back the rent. Make sure to include the number of days the tenant is allowed to pay the rent in the notice. After those days have passed, and the tenant still fails to pay or leave the rental property, you can bring an action in court.⚠
WARNING!
If the tenant pays the rent immediately after you demanded for it, i.e., after serving the notice, you can not sue that tenant for the same rent again.
Eviction Notices without Cause
Even if your tenant has not committed any wrong, you can still decide to evict him/her. Under the law, you’re required to serve a Georgia eviction notice. This notice will inform the tenant that you do not wish to continue the landlord-tenant relationship. Therefore, you do not intend to renew the lease. For a month-to-month tenancy, you must serve a 60-day Notice to Vacate in Georgia. For a fixed-term lease tenancy, on the other hand, you do not need to serve a notice. You can reasonably expect a fixed-term tenant to leave the unit once the term is over. The only exception is where the lease agreement requires you to serve a notice. But where there’s no specification as such, you are not required to serve a notice.Eviction Process in Georgia: How to Evict a Tenant from Your Premises
The eviction process in Georgia may take a few weeks to months, depending on several factors, such as; the complexity of the case, the court’s workload, the number of defendants, etc. However, here is a complete breakdown of the eviction process in GA with time estimates.| Eviction Notice Type | Grounds |
| Initial Notice Period | Unspecified (24 hours – 60 days) |
| Issuance/Service of Court Summons | Varies by Court |
| Tenant’s Response Period | 7 Business Days |
| Court Hearing | Varies |
| Issuance of Writ of Possession | 7 Business Days |
| Services of Writ of Possession | Within 30 business days |
Step 1: Landlord Issues an Eviction Notice
The first step to commencing an eviction process is by serving a proper Georgia eviction notice. This notice must include the reason for the eviction, such as non-payment of rent, lease violation, etc. You can deliver this eviction notice GA through any of the following methods;- By personally serving it to the tenant in person;
- By leaving a copy with a person of suitable age residing in the tenant’s unit AND mailing a copy by first-class mail with a certificate of mailing;
- By posting the notice conspicuously on the premises AND mailing a copy by first-class mail with a certificate of mailing;
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WARNING!
As a landlord, keeping copies of the notice as proof of service is important. It will help prove that you followed the due process in evicting the tenant.
Step 2: Landlord Files an Eviction Lawsuit with the Court
After serving the notice, if the tenant fails to fix the violation or pay the rent (or where there’s no opportunity to cure), you can proceed to file an eviction lawsuit. For this step, you will file a Dispossessory Affidavit in any Superior Court, State Court, or any other court with jurisdiction over the dispute. You can also go to a Magistrate Court in the district where the rental property is located to make an affidavit under oath. – Ga. Code § 44-7-50 You will be required to pay a filing fee for each tenant (f they are more than one). This fee may vary by county, but it ranges from $60 – $78.Step 3: Court Serves the Tenant the Summons and Complaint
The next step after filing the dispossessory affidavit is for the court to issue a summons which must be served on the tenant. The judge, clerk, or deputy clerk of the Magistrate court will issue the summons to a law officer in the county where the rental property is located. The Sheriff, his deputy, or any lawful officer will serve a copy of the notice and summons on the tenant through any of the following methods;- Personal Service: By personally giving the copy to the tenant;
- Substituted Service: If the copies can not be delivered personally, it can be given to a suitable person residing in the tenant’s residence;
- Affixing: If no one can be found on the premises, delivery can also be made by affixing the documents on the door of the tenant’s premises. On the same day, the documents should also be served by first-class mail to the tenant’s last known address.
Step 4: Tenant Reviews the Summons and Files an Answer
The tenant is also required to file a written or oral response to the summons and affidavit delivered to him. The answer must be filed within 7 business days of issuing the summons. The tenant’s response will include any defense to the landlord’s claim (some of which we explained below). As the landlord, you do not have to be there when the tenant is filing the answer. But once the response is filed, a trial date is fixed and both parties will be informed. If the tenant fails to file a response to the court, he/she loses the right to attend the court hearing. In such a case, a default judgment will be entered in favor of the landlord.
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NOTICE!
If the eviction is for non-payment of rent, a tenant can tender payment for all rent owed plus the cost for the dispossessory action within the 7-day period. Where this is done, the case will be dismissed. But you must not have accepted such tender within the last 12 months.
Step 5: Landlord and Tenant Attend Court Hearing and Receive Judgment
During the court trial, you must prove your claim against the tenant. If you claim that the tenant failed to pay rent on time, you must prove it. This also applies where you claim the tenant breached a term. You may use these various documents as evidence to your claim; lease agreement or deed, receipts or bank statement, proof of notice, evidence of lease violation (picture, videos, witnesses, etc), the dispossessory affidavit, and many more. The tenant will also be allowed to invalidate your claim. The tenant may use any of the defenses below to invalidate your claim. The court will hear the arguments of both sides and make a ruling. If the court rules in favor of the tenant, he/she will be allowed to remain in the rental unit. But where the court rules in favor of the landlord, a Writ of Possession will be issued.Tenant Defenses and Legal Protections in Court
A tenant can rely on the following as a defense against your claim. The tenant has the right to use any valid point to invalidate your claim, but it is your responsibility as the landowner, to prove your claim to the satisfaction of the court.- Self-Help Eviction: You are not expected to physically force your tenant out of the rental property. You should not engage in any kind of self-help acts such as; locking doors, changing the locks, turning off utilities, etc. Where the tenant proves this, it may invalidate the eviction.
- Improper Notice: If you did not serve your tenant any notice or served the wrong notice, it may impede the eviction process. This is a viable defense that can lead to a case dismissal. You can employ the service of an attorney to help you make the right decision when evicting your tenant.
- Breach of Implied Warranty of Habitability: If the rental property is inhabitable, it may be a valid defense to withholding rent. As a landlord, it is your duty to keep the rental premises in a safe and habitable condition. If you fail to uphold this responsibility, your tenant can rely on it as a reason for not paying rent or committing a lease violation.
- Retaliatory Eviction: You’re not allowed to serve your tenant a Georgia eviction notice because he/she had joined a tenant’s union, requested a repair, reported a code violation, etc. This is considered a retaliation, and illegal in the State of Georgia.
- Discrimination: You can not evict your tenant based on race, gender, nationality status, creed, family status, etc. Where proved, it may lead to a case dismissal and you may also be liable in damages to the tenant.
Step 6: Court Issues Writ of Possession: Tenant Has 7 Days to Vacate Premises
The Writ of Possession is issued 7 days after the judgment is given in favor of the landlord. This writ serves as a final notice to the tenant to leave the rental property, or be forcibly led out by a law enforcement officer. Before the writ is issued, the tenant also has the right to appeal the judgment of the court. However, this is another court process that may impede the issuance of the writ. But where the appeal judgment is in favor of the landlord, the writ will be issued accordingly.Step 7: Tenant Faces Forced Removal After The 7-Day Deadline
If the tenant fails to leave the rental within the 7-day period, the writ will be directed to the Sheriff. The Sheriff shall serve the writ upon the tenant. Georgia eviction laws did not specify the number of days required before the Sheriff executes the writ. This depends on the workload in the Sheriff’s office. But within 30 days, the landlord must apply to the Sheriff to have the writ executed. Therefore, the Sheriff must return to the property to remove the tenant from the property. Under the eviction laws in Georgia, the landlord is not required to store or keep any personal belongings left behind by the tenant after eviction.Costs to Evict a Tenant in Georgia
The cost of evicting a tenant in Georgia depends on the particular circumstances of the case. Factors to consider are; the legal fees, court filing fees, number of tenants, etc.However, we’ve compiled a detailed analysis of the approximate estimates of the cost involved in the eviction process in GA.| Eviction Action | Cost Estimate |
| Initial Court Filing | Varies, but typically – $50-$78 |
| Service of Court Summons | $25-$50 |
| Issuance of Writ of Possession | Varies |
| Service for Writ of Possession | Varies |
| Legal Fees | $500-$10,000 |
| Notice of Appeal Filing (Optional) | $198+ |
Eviction Notice by States
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FAQs
To evict a tenant without a lease, you must first serve a Georgia eviction notice. The eviction notice will depend on how long the tenant has lived in the rental property; whether weekly, monthly, or yearly. After serving the notice, if the tenant fails to leave, you will file an eviction lawsuit in court.
You can read this detailed guide for more information on the court processes.
You can file an eviction notice in Georgia at the Superior Court, State Court, Magistrate Court, or any other court with jurisdiction over the matter.
In Georgia, landlords have the discretion to choose how much notice to give their tenants. They can decide to give an immediate eviction, 24-hour notice, or a few day’s notice. This depends on the circumstances of the case and the discretion of the landlord.
The eviction process in Georgia takes about 1 – 3 months depending on the circumstances of the case. To better understand the answer to the question, ‘How long does it take to evict a tenant in Georgia?’, it’s best you read this guide for a detailed answer.
In Georgia, you can evict a person who stays in your rental property without any lease agreement. In this case, a 60-day notice is sufficient notice to the tenant. If the tenant fails to leave after 60 days, you can file a lawsuit in court.
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