How landlords evict tenants in Georgia

Georgia has one of the swiftest eviction processes in the nation. It can take as little as 17 days to put a tenant on the street, though most evictions take longer.

There are a lot of reasons why a landlord might file an eviction on a tenant. By far the most common is failure to pay rent on time.

State law doesn’t determine when “on time” is. That’s generally in the lease. Most leases have a grace period of three to five days to pay the rent, after which it’s late. 1

THE DEMAND FOR POSSESSION: Before an eviction, the landlord must make a “demand for possession.” Put simply, it’s the landlord telling the tenant to get out. It can be written or oral. 2

THE DISPOSSESSORY AFFIDAVIT: If the tenant refuses to leave the property after the demand for possession, the landlord may go to the court — usually a magistrate court — and file a dispossessory affidavit stating the grounds for the eviction. The court then issues a summons to the tenant, which is served by a sheriff’s deputy or constable, often by tacking it to the tenant’s door and mailing it. 3

THE TENANT’S ANSWER: The tenant has seven days after receiving the eviction notice to file an answer with the court stating why the landlord does not have a legal right to evict. A defense might be that the tenant hasn’t violated the lease, that the landlord did not make a demand for possession, or that the tenant does not actually owe rent. A tenant can also countersue the landlord in the answer, for example for the landlord’s failure to repair. If no answer is filed, the court rules in the landlord’s favor and the landlord can get a writ of possession immediately. A tenant can stop the process by paying the rent, plus late fees and court costs, during the seven-day answer period. The landlord must accept payment if it is offered — but only once every 12 months. If it happens again, the landlord can refuse payment and proceed with the eviction. 4

WHAT HAPPENS IN COURT: If the tenant files an answer, the court will set a hearing date — usually within a couple of weeks. If the answer didn’t raise a valid defense, then the court will probably rule in the landlord’s favor, and the landlord can get a writ of possession seven days later. Tenants who did raise a valid defense will have a chance to negotiate with the landlord, sometimes with the help of a mediator. The landlord can accept rent at that time, plus fees and court costs, but has no obligation to do so. 5

THE WRIT OF POSSESSION: If no agreement is reached, the court will hold a hearing where both sides present their case. If the court rules in favor of the landlord, the tenant will have seven days to move out. After that, the landlord can seek a writ of possession allowing the landlord to take possession of the property. Landlords must schedule the eviction with the county marshal, which could take another week or two. Once the writ is executed, the eviction is final. That’s when the landlord takes possession and a hired crew comes to remove any remaining furniture and possessions. This is also known as a “set-out” or “displacement.”

‘That tenant is going to have a hell of a time finding new rental housing because it just looks horrendous. I have clients who are couch surfing, living in cars, staying with friends because they had several eviction filings.’ — Cole Thaler