Georgia Eviction (Dispossessory) Process: The Notice, the 7-Day Answer and the Writ

In Georgia an eviction is called a dispossessory case, and it’s usually heard in the county’s magistrate court. The timelines are short: tenants have 7 days to answer, and a losing tenant generally has 7 days before the landlord can get a writ of possession.

Step 1: the notice to pay or vacate

Georgia’s 2024 Safe at Home Act added a required notice before a landlord can file over money. If a tenant falls behind on rent, late fees, utilities or other charges, the landlord must give a written notice to vacate or pay everything past due within three business days. Only if the tenant doesn’t pay or leave can the landlord go to court [1].

The notice has to be posted on the door in a sealed envelope and also delivered any other way the lease provides [1]. These rules apply to residential leases entered into or renewed on or after July 1, 2024 [1].

For other situations, such as a tenant staying past the end of the lease, the landlord must still demand possession before filing [1].

Step 2: the dispossessory affidavit

If the tenant doesn’t pay or move, the landlord files a sworn dispossessory affidavit with the court in the county where the home is [1][2]. It lists the address, each tenant and the reason, such as unpaid rent or a lease violation [2]. A landlord can’t use self-help: changing the locks, threatening the tenant or shutting off utilities is illegal and can expose the landlord to a counterclaim for damages [2][3].

Step 3: service and the tenant’s answer

The tenant is served in person, by leaving the papers with someone over 18 at the home, or, if those fail, by attaching them to the door and mailing a copy [2][3].

The tenant then has 7 days to file an answer [2][3]. The last day to answer should be written on the papers [2]. In the answer, the tenant admits or denies the landlord’s claims and lists any defenses or counterclaims, such as the landlord’s failure to make repairs [3]. Financial hardship alone, like a lost job or illness, is not a defense [2][3].

Paying to stay

A tenant who is served for the first time in 12 months can avoid eviction by paying all money owed plus the court costs within the 7 days [2][3]. If the landlord refuses a proper payment, the tenant should say so in the answer; a court that finds the landlord wrongly refused can order the landlord to take the payment and let the tenant stay, if it’s paid within 3 days of the order [3].

Step 4: the hearing

If the tenant answers, the court sets a hearing. Both sides should bring the lease, receipts, photos, repair bills and witnesses; written statements from people who don’t come to court generally can’t be considered [2][3]. Some courts, including Fulton County’s, offer free mediation on the hearing day [2][3].

Step 5: the writ of possession

If the landlord wins, the judge grants a writ of possession that issues after seven days, which gives the tenant seven days to move. That grace period is set by state law, and the judge can’t change it [2][3].

Step 6: appeals

The losing side has 7 days from the judgment to appeal to state or superior court [2][3]. To stay in the home while the appeal is pending, the tenant generally has to pay the judgment and keep paying rent into the court’s registry [2][3].

Coming in 2027: restricting eviction records

Under SB 406, starting January 1, 2027, a court can, after a motion and hearing, make the records of an eviction case unavailable to the public when the tenant won, when the tenant paid the judgment in full, or when seven years have passed since a dismissal or a paid judgment [4].

Where to get help

• Your county’s magistrate court has the forms and filing instructions; Fulton County’s court is at the Justice Center Tower, 185 Central Avenue S.W., Atlanta [2][3].
• Free or low-cost legal help for tenants in the Atlanta area is listed in Fulton’s tenant pamphlet, including the Atlanta Legal Aid Society, the Georgia Legal Services Program and the Atlanta Volunteer Lawyers Foundation [3].