Eviction Law in Georgia
Evictions in Georgia aren’t just stressful—they can quickly spiral into legal and financial headaches if you don’t follow the proper steps. Whether you’re dealing with unpaid rent, repeated lease violations, or serious property damage, Georgia law places strict requirements on landlords before a tenant can be lawfully removed.
Don’t go it alone. Learn how the Georgia eviction process works, step-by-step, so you can handle your situation legally and efficiently. Then, ask us to connect you with a qualified Georgia eviction attorney who can help you navigate the process.
What Is an Eviction?
An eviction in Georgia is the legal process a landlord uses to remove a tenant from a rental property. Most often, it starts when a tenant fails to pay rent or violates the lease agreement in some way. But eviction isn’t as simple as handing over a notice and expecting the tenant to leave. Georgia law leans in favor of protecting tenant rights, which means landlords must follow a clear process—any mistakes could delay the case or lead to dismissal.
It’s also important to understand that not every eviction notice ends in a court hearing. In many cases, the notice itself is enough to prompt the tenant to pay overdue rent or correct their behavior. Still, if the problem continues, you’ll need to move forward with formal legal action. Knowing your rights and responsibilities under Georgia law will give you a stronger foundation to act when needed.
When Can Landlords Send a Termination Notice?
The Tenant Doesn’t Pay Rent
If your tenant in Georgia routinely pays rent late—or stops paying altogether—you have a valid reason to begin the eviction process. While some states enforce a grace period for late payments, Georgia does not have one written into law. This means landlords are not legally required to wait before issuing a notice. A single late payment might be overlooked, but repeated delays often signal a deeper issue that justifies formal action.
Under Georgia law, rental agreements can impose late fees, but those fees must be clearly stated in the lease and considered “reasonable.” Additionally, state law permits landlords to charge interest on unpaid rent starting from the date it was due (O.C.G.A. § 7-4-16). This gives landlords additional legal grounds to pursue payment when tenants consistently fail to pay on time.
No matter how you proceed, always document your communications. Keep copies of every rent reminder and late notice you send.
The Tenant Violates the Terms or Conditions of the Lease Agreement
Your lease agreement isn’t just a formality—it’s a binding contract. If your tenant breaks any of the terms you both agreed to, that violation could justify starting the eviction process. For instance, if your lease specifies no long-term guests or subletting, and the tenant moves in with a roommate without permission, that’s a breach you can act on legally.
It’s also important to remember that lease obligations go both ways. As a Georgia landlord, you’re required to uphold your end of the agreement. This includes responsibilities like making timely repairs or maintaining the property as promised. Failing to do so could weaken your position in an eviction dispute and open the door to legal challenges from your tenant.
The Tenant Damages the Property
Minor wear and tear is part of the rental experience—scuffed floors or faded paint are to be expected over time. But when damage escalates to broken windows, punched-in drywall, or willful destruction, it crosses the line into lease violation territory and may support an eviction case.
That said, the context matters. If a tenant acknowledges the damage, makes prompt repairs, and avoids altering the property in significant ways, eviction may not be the best—or most legally sound—response. Documentation and before-and-after photos can help clarify whether the damage warrants further action.
The Tenant Uses the Property for Illegal Purposes
When a tenant uses your Georgia property for illegal activities—whether that’s drug trafficking, weapons distribution, or running an unlicensed operation—you have strong legal grounds to seek an eviction. These situations also often involve law enforcement, which can create a paper trail you’ll want to preserve.
To proceed, you’ll need proof. Police reports, citations, or eyewitness accounts can all help build your case. Without solid evidence, accusations of illegal behavior can quickly devolve into a drawn-out legal battle.
How to Evict a Tenant in Georgia
Step 1. Check Your Local Laws
Eviction laws in Georgia are not one-size-fits-all. In fact, legal requirements can vary significantly depending on where your property is located. That’s why it’s essential to understand both state statutes and any local ordinances that may apply. Before issuing any kind of eviction notice, make sure your reasons are legally valid.
Georgia law also outlines specific limits on what a landlord can demand from tenants. For example, landlords cannot force tenants to make or pay for property repairs—unless the damage was directly caused by the tenant, their family, or their guests. This distinction is important, especially if damage becomes part of the eviction justification.
Rent increases are also tightly regulated. If you and your tenant have a written lease, your ability to raise rent or terminate the lease comes with a 60-day advance notice requirement. And unless the lease includes a clause allowing mid-term adjustments, the rent amount is locked in for the duration of that agreement.
Finally, Georgia landlords are required to return a tenant’s security deposit within 30 days of move-out—provided the tenant left the unit in good condition and doesn’t owe back rent.
If deductions are made for damage or unpaid rent, they must be itemized clearly and sent to the tenant along with the remainder of the deposit. Failing to do so can open you up to a legal claim for double the amount wrongfully withheld.
Step 2. Give a Formal Notice of Eviction
If you’ve exhausted all efforts to resolve issues directly with your tenant and the violations continue, it’s time to issue a formal eviction notice. This document functions as your final warning and should clearly outline the violation, whether it’s unpaid rent, unauthorized occupants, or lease violations. It should also offer a path to resolution—such as paying back rent or correcting the behavior.
The eviction notice needs to be precise. Include the amount owed, a deadline for compliance, and what steps the tenant must take to avoid further legal action. If you’re not comfortable drafting it yourself, there are reliable templates online, or you can consult an attorney who practices in Georgia landlord-tenant law to ensure it meets legal requirements.
Interestingly, Georgia law does not mandate a written eviction notice. According to the Georgia Department of Community Affairs, landlords can begin the eviction process with a simple verbal demand to vacate the property.
If the court rules in the landlord’s favor, it will issue a writ of possession after a seven-day period, giving the tenant one final chance to vacate or pay what’s owed. Georgia law also allows landlords to take additional steps to collect payment. If a tenant tries to remove personal belongings without settling the debt, the landlord may seize the items to recover what’s due.
Step 3. File the Eviction with the Court
Once your tenant refuses to vacate or comply with your demand, your next move is filing a dispossessory affidavit with the Magistrate Court in the county where the property is located. This court has authority over landlord-tenant disputes, including eviction cases.
After your filing, the court will issue a summons to the tenant, setting a date for the hearing. If the court rules in your favor, it will issue a writ of possession, authorizing the sheriff to remove the tenant from the premises.
Step 4. Contact an Experienced Georgia Eviction Attorney and Prepare for the Hearing
Eviction proceedings in Georgia can move quickly—so don’t wait to consult an attorney. A lawyer familiar with state eviction law can help you avoid procedural missteps and prepare the strongest case possible. For your hearing, make sure to bring all supporting documentation, including:
- A signed copy of the lease agreement
- Rent payment records
- Bank statements or copies of bounced checks
- Written communication between you and the tenant (texts, emails, notices)
- A copy of the eviction notice or verbal demand
- Proof the tenant received notice (delivery confirmation or witness statement)
Step 5. Evict the Tenant
If the court rules in your favor, the tenant will receive a writ of possession that gives them seven days to vacate the property. If they do not leave on their own, you can request the local sheriff to enforce the writ and physically remove them. In Georgia, once the writ is posted, the tenant is legally obligated to leave. If they still refuse, law enforcement has the authority to carry out the eviction and return possession to you.
Step 6. Collect Past-Due Rent Payments
Winning possession of your property is only part of the battle. If the tenant left behind an unpaid balance, you may need to pursue further legal action to recover what you’re owed. Georgia landlords have a few options for collecting outstanding rent:
- Hire a professional debt collection agency
- Seek a court order to garnish the tenant’s wages
- File to garnish their state or federal tax refunds
- Take the case to small claims court to request a monetary judgment
Work with an Experienced Eviction Attorney in Georgia
Don’t be surprised if your tenant claims you skipped a step or failed to follow Georgia’s eviction process to the letter. These arguments are common—and sometimes enough to stall or derail a case.
That’s why it’s so important to work with a knowledgeable Georgia eviction attorney from the start. An experienced legal professional can help you prepare the right documents, meet court deadlines, and avoid costly mistakes.
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area! We can even help you connect with an attorney across Georgia state lines.
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.
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