Georgia's dispossessory process is among the very fastest in the country. Demand can be made orally and immediately.
Georgia's eviction process is called Dispossessory Proceedings and is governed by O.C.G.A. Title 44, Chapter 7. Cases are filed in magistrate court at the county level. Georgia is firmly landlord-friendly — among the fastest eviction processes in the country. Uncontested cases typically conclude within three to five weeks of filing.
Dispossessory cases are filed in the magistrate court of the county where the property is located. Most counties have streamlined dispossessory dockets that move cases quickly. Georgia has 159 counties, each with its own magistrate court, so local procedures vary somewhat across the state.
For non-payment of rent, Georgia requires a "demand for possession" before filing — but the demand can be made orally and immediately upon non-payment under O.C.G.A. 44-7-50. Most landlords use a written 3-day demand for documentation purposes, though no statutory period is required. This makes Georgia one of the very fastest states for non-payment evictions.
For lease violations, Georgia generally requires written notice specifying the violation and giving the tenant a reasonable opportunity to cure, though the specific timeframe is governed by the lease terms. For month-to-month tenancies, Georgia requires 60 days notice from the landlord to terminate (O.C.G.A. 44-7-7).
Demand for possession can be made orally, in writing, by phone, or by certified mail. Document any oral demand carefully — with the date, time, and witnesses if possible. Most experienced landlords use written demands to avoid disputes about notice.
Once demand has been made and refused (or the rent remains unpaid), file a dispossessory affidavit in the magistrate court of the county where the property is located. Filing fees in Georgia typically range from $60 to $130 depending on the county. The court issues a summons that the marshal or sheriff serves on the tenant.
The tenant has 7 days from service to file a written answer. If the tenant fails to answer, the court enters a default writ of possession. If the tenant answers, the court schedules a hearing — typically within 1 to 3 weeks of the answer.
Georgia magistrate court hearings in dispossessory cases are brief and informal. Bring your lease, documentation of the demand, proof of service, your rent ledger, and any communication with the tenant. The magistrate will hear both sides and typically issue a ruling at the hearing. If you prevail, the writ of possession is issued.
Georgia law requires tenants who appeal to pay all past-due rent into the registry of the court and continue making rent payments during the appeal. This significantly limits delay-tactic appeals.
Fulton County, anchored by Atlanta, is Georgia's most populous county and handles the highest volume of dispossessory cases in the state. The Fulton County Magistrate Court processes eviction cases at the Justice Center Tower in downtown Atlanta. The Atlanta rental market includes both very expensive intown neighborhoods and lower-cost suburban areas, with consistently high eviction case volumes.
DeKalb County, immediately east of Atlanta, is Georgia's fourth-largest county and includes much of the eastern Atlanta suburbs. DeKalb County Magistrate Court handles eviction cases at the DeKalb County Courthouse in Decatur. Both Fulton and DeKalb have active rental markets with significant case volume. For detailed landlord-tenant law specific to each county — including local court contacts, filing logistics, and procedural details — see Fulton County landlord-tenant law and DeKalb County landlord-tenant law.
Georgia's dispossessory procedure is among the fastest in the country, but the specifics vary across the state's 159 counties. Knowing your local magistrate court's preferences and timing patterns helps avoid delays. See the full Georgia landlord-tenant law guide for notice requirements, security deposit rules, and county-specific information.
Once the writ of possession is issued, the county sheriff or marshal executes the writ. Execution typically occurs within 7 to 14 days, though some counties move faster. Be present with a locksmith and document the unit's condition.
Georgia law (O.C.G.A. 44-7-55) addresses tenant property left behind after eviction. The tenant is presumed to have abandoned property in the unit after the lockout, and the landlord may dispose of it. However, providing notice and a reasonable opportunity to retrieve valuable property is recommended best practice.