Georgia Eviction Process: Timeline From Notice to Writ

Georgia calls an eviction a “dispossessory proceeding,” and it runs on short, fixed deadlines set by state statute. This article traces the process in order: the demand for possession, the dispossessory affidavit and service, the tenant’s seven-day answer, the hearing or default judgment, and the writ of possession that ends the case. It is one of the procedures covered in Georgia landlord-tenant law, the reference for leases, deposits, and evictions across the state.

Only a court can order an eviction in Georgia

Georgia does not allow “self-help” eviction. A landlord cannot change the locks, remove a tenant’s belongings, or shut off utilities to force a tenant out. The only lawful way to remove a tenant is a dispossessory action filed in court that ends in a writ of possession executed by an officer. The Judicial Council of Georgia’s dispossessory self-help resource explains that a landlord who has not obtained an eviction warrant cannot remove a tenant, even for unpaid rent. A tenant who believes a landlord has acted unlawfully can also report the conduct to the Georgia Attorney General’s Consumer Protection Division.

The lawful sequence has six stages:

1. Demand possession and give any required notice

   The landlord demands that the tenant surrender the property. For nonpayment, the landlord must first give a three-business-day notice to vacate or pay under O.C.G.A. § 44-7-50.

2. File the dispossessory affidavit

   If the tenant refuses to deliver possession, the landlord swears a dispossessory affidavit before a judge, clerk, or magistrate in the county where the property is located.

3. Serve the summons

   The sheriff, deputy, or a constable serves the summons and affidavit on the tenant in person, by leaving it with a resident adult, or by posting and mailing under O.C.G.A. § 44-7-51.

4. Answer within seven days

   The tenant answers orally or in writing within seven days of service. No answer allows a default writ of possession under O.C.G.A. § 44-7-53.

5. Hearing or default judgment

   If the tenant answers, the court holds an expedited trial. If the tenant does not, the court enters judgment for the landlord without a hearing.

6. Writ of possession

   On a judgment against the tenant, the court issues a writ of possession that an officer executes after the statutory waiting period.

Step 1: Demand for possession and notice to vacate

Every dispossessory case begins with the landlord demanding possession of the property. Under O.C.G.A. § 44-7-50, the owner, or the owner’s agent or attorney, demands that the tenant deliver possession; if the tenant refuses, the landlord may make a sworn affidavit before a judge, a clerk, or a magistrate.

For nonpayment cases, a 2024 amendment added a cure period. As of 2026, O.C.G.A. § 44-7-50(c) requires the landlord to give the tenant a notice to vacate or pay all past-due rent, late fees, utilities, and other charges within three business days before filing. The notice must be posted in a sealed envelope on the door of the property and delivered by any additional method the rental agreement requires.

A different notice rule applies where the tenancy has no fixed term. O.C.G.A. § 44-7-7 requires 60 days’ notice from the landlord, or 30 days’ notice from the tenant, to terminate a tenancy at will before any dispossessory action.

The exact wording and delivery of the pre-filing notice are covered in Georgia’s eviction notice and demand for possession rules.

Step 2: Filing and serving the dispossessory affidavit

Once the demand is refused, the landlord files the dispossessory affidavit with the magistrate court (or a state or superior court) in the county where the property sits. Under O.C.G.A. § 44-7-51, the court issues a summons to the sheriff, a deputy, or a constable, who serves a copy of the summons and the affidavit on the tenant.

Service is attempted in person first. If the officer cannot serve the tenant personally, the summons and affidavit may be left with an adult who resides on the premises. If no such person is found after reasonable effort, the officer may post a copy on the door and, the same day, mail a copy by first-class mail to the tenant’s last known address. This last method is often called “tack and mail.” When service is by posting and mailing, § 44-7-51(c) lets the court enter a default judgment for possession, but a money judgment for unpaid rent requires the tenant to answer or otherwise appear.

Step 3: The seven-day answer, default, and hearing

The summons commands the tenant to answer, orally or in writing, within seven days of actual service. Under O.C.G.A. § 44-7-51(b), if the seventh day is a Saturday, Sunday, or legal holiday, the answer is due the next day that is not. An oral answer is written down and endorsed on the affidavit. The answer can raise any legal or equitable defense, or a counterclaim.

If the tenant does answer, O.C.G.A. § 44-7-53(b) sets the case for trial under ordinary civil procedure, and directs the court to expedite it. The tenant may remain in the home while the case is pending but must pay rent, as it comes due, into the registry of the court. Georgia sets no fixed number of days between filing and the hearing; the timing depends on the court’s calendar and whether the tenant contests the case.

Step 4: Judgment, the writ of possession, and removal

If the court rules against the tenant, O.C.G.A. § 44-7-55(a) directs it to enter judgment for the rent due and issue a writ of possession that takes effect seven days after the date the judgment is entered. That seven-day gap is the last window to move out or resolve the case before an officer can carry out the removal.

After the writ is effective, the landlord applies for its execution. O.C.G.A. § 44-7-55(d) requires the landlord to apply for execution within 30 days of the writ’s issuance, absent an affidavit showing good cause for delay. The statute does not force the sheriff or marshal to act within a set number of days, but § 44-7-55(e) lets the landlord hire an approved off-duty officer, at the landlord’s own expense, if the sheriff cannot execute the writ within 14 days of the request. When the writ is executed, the officer may remove the tenant and set the tenant’s personal property out; after execution, that property is treated as abandoned.

Appeals and how long the whole process takes

A judgment in a dispossessory case can be appealed. Under O.C.G.A. § 44-7-56, the notice of appeal or petition for review must be filed with the clerk of the trial court within seven days after the judgment is entered. A tenant who appeals and wants to stay in the home pays any rent the trial court found due, and future rent as it comes due, into the court registry while the appeal is pending.

Total timing varies. Georgia fixes the tenant’s answer period and the writ’s effective date, but not the interval between filing and the hearing, so the calendar turns on the county and on whether the case is contested. An uncontested case in which the tenant never answers can reach a writ of possession within a few weeks of filing. A contested case that goes to trial, and any appeal that follows, can take substantially longer.

One boundary on who this process reaches: the dispossessory statutes apply to tenants. Removing an occupant who never had a landlord-tenant relationship, for example, someone claiming squatters’ rights in Georgia through adverse possession, can follow a different path, such as an intruder affidavit or an ejectment action rather than a dispossessory.