Eviction Law in Atlanta, GA
Struggling with a tenant issue in Atlanta?
Renters who refuse to pay or continuously violate the lease can put an unnecessary strain on your finances—and your patience. It’s easy to feel overwhelmed when the eviction process seems confusing or drawn out, especially with Georgia’s specific legal requirements.
Our guide breaks down the eviction process in Atlanta and shows you where to begin. If you’re ready to take action, we can also help you connect with a qualified eviction attorney.
What Is an Eviction?
Eviction is the legal process of removing a tenant from a rental property after the landlord issues a formal notice. In most cases, this action stems from unpaid rent, repeated lease violations, or illegal activity on the premises. While eviction may seem like a clear solution to a difficult tenant, it’s rarely quick or inexpensive.
It’s also worth noting that not every eviction notice ends in a tenant being removed. In many cases, the notice itself serves as a final warning. If the tenant pays the past-due rent or corrects the lease violation within the time allowed, the landlord may choose not to proceed with the eviction.
When Can Landlords Send a Termination Notice?
The Tenant Doesn’t Pay Rent
If your Atlanta, GA tenant regularly pays rent late—or not at all—you likely have legal grounds to begin the eviction process. While some states offer a brief grace period for occasional delays, chronic late payments typically void that protection. Georgia law allows landlords to act swiftly once a payment becomes overdue, and you don’t have to tolerate a pattern of noncompliance.
Even with support programs in place, it’s essential to protect your interests. Always issue written notices for late rent and maintain records of every communication. These documents can serve as critical evidence if your case ends up in front of a judge.
The Tenant Violates the Terms or Conditions of the Lease Agreement
A lease is more than just a formality—it’s a legally binding agreement between landlord and tenant. If your Atlanta tenant breaks any of the conditions outlined in the lease, such as moving in unauthorized occupants or operating a business out of the home, you may have the right to begin the eviction process.
However, lease obligations go both ways. As a landlord in Atlanta, you’re also required to uphold your side of the agreement. If the lease says you’ll handle repairs within a specific timeframe or cover certain maintenance, you must follow through.
The Tenant Damages the Property
All rental properties will show signs of wear over time. Scuffed walls, worn carpeting, or a leaky faucet are to be expected. But when damage goes beyond ordinary use—like punched holes in drywall, broken windows, or ripped-out fixtures—you may have grounds for eviction.
That said, not all damage justifies eviction. If a tenant takes reasonable steps to repair the issue or if the damage stems from a misunderstanding rather than malice, it may be best to handle the situation with a warning or request for reimbursement. In court, clear documentation will help establish intent and the extent of the damage.
The Tenant Uses the Property for Illegal Purposes
Illegal use of your Atlanta rental—such as drug manufacturing, weapons sales, or other criminal operations—is one of the most serious reasons to initiate eviction. Not only does this activity put your property at risk, but it can also bring law enforcement attention or liability to you as the property owner.
To move forward with eviction for illegal conduct, you’ll need solid evidence. Police reports, surveillance footage, or written complaints from neighbors can help establish your case. Without this documentation, it becomes your word against the tenant’s—so collect as much proof as possible before filing.
How to Evict a Tenant in Atlanta, Georgia
If you want to evict a tenant for any reason, then you need to understand the eviction process. Here’s how it works.
Step 1. Check Your Local Laws
Eviction law can look very different depending on where your rental property is located. In Georgia, landlord-tenant law is state-regulated, but Atlanta adds another layer of rules that landlords must understand before taking legal action. That means even if you’ve handled evictions in other parts of Georgia, you’ll still want to review the local ordinances that apply specifically to properties in Atlanta.
Step 2. Give a Formal Notice of Eviction
If your tenant refuses to correct lease violations even after repeated conversations, it may be time to issue a formal notice of eviction. This document serves as a last warning and should clearly state the nature of the lease violation.
The eviction notice should also include a firm deadline—either to pay overdue rent or to vacate the unit—and specify the amount due. This notice can be written using templates found online, but legal guidance is often the safer route. Even a small error in notice formatting or delivery could delay the process or give the tenant leverage in court.
In Atlanta, the eviction process begins a bit differently than in many other cities. According to the Georgia Landlord-Tenant Handbook, landlords can start with a verbal demand for the tenant to leave. If the tenant doesn’t comply, the landlord must file a Dispossessory Proceeding with the Fulton County Clerk’s Office.
Once the landlord wins in court, the Clerk’s Office will issue a Writ of Possession to the Marshal’s Department. That writ authorizes the physical eviction, but landlords are responsible for hiring a moving crew to carry it out.
Step 3. File the Eviction with the Court
Once you’ve delivered the eviction notice and the deadline passes without resolution, your next step is to file a formal complaint in court. In Atlanta, eviction cases are handled by the Fulton County Magistrate Court, which oversees landlord-tenant disputes.
Step 4. Contact an Experienced Atlanta, Georgia Eviction Attorney and Prepare for the Hearing
It’s in your best interest to consult with a knowledgeable eviction attorney as soon as possible. An experienced Atlanta lawyer can guide you through court procedures and ensure your case is properly presented. To support your position at the hearing, make sure you bring the following documentation:
- A signed copy of the lease agreement
- Payment records showing rent history and any missed payments
- Copies of any bounced or returned checks
- Written communication between you and the tenant
- A copy of the eviction notice provided to the tenant
- Proof that the tenant received the notice (e.g., certified mail receipt or service affidavit)
Step 5. Evict the Tenant
Once the court rules in your favor, the tenant will be given a short window to vacate the property—typically between 48 hours and a few days. If they fail to leave on their own, Atlanta landlords can request assistance from the Fulton County Marshal’s Department to carry out a formal eviction.
Step 6. Collect Past-Due Rent Payments
Even after a successful eviction, recovering past-due rent can be an uphill battle. If the tenant still owes you money, you’ll need to pursue additional steps to collect what you’re owed. These may include:
- Hiring a licensed debt collection agency
- Filing for wage garnishment through the court
- Garnishing state or federal tax refunds
- Filing a claim in small claims court for unpaid rent and damages
Work with an Experienced Eviction Lawyer in Atlanta
Atlanta tenants often push back on evictions by claiming the landlord didn’t follow proper legal procedures. That’s why it’s essential to have an experienced Atlanta attorney who understands the nuances of Georgia eviction law. The right legal guidance can help you avoid costly mistakes, comply with all notice requirements, and build a strong case.
The tenant will likely try to argue that you did not follow proper procedures for providing an eviction notice. Having a qualified Atlanta attorney on your side can take the pressure off your back, and help ensure a victory in court. We can even help you connect with an attorney across Georgia state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced eviction lawyer in Atlanta!
About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.
