Eviction Laws in Georgia: Dispossessory Affidavit, Answer, and Writ

Eviction laws in Georgia require a landlord to go through a court process called a dispossessory proceeding before removing a tenant. The rules live in O.C.G.A. §§ 44-7-50 through 44-7-56, and they set out what notice the landlord must give, how the case is filed, how the tenant can respond, and how a writ of possession is carried out. A landlord who skips the court process and changes locks, hauls out belongings, or shuts off utilities is acting outside the law. Georgia’s Safe at Home Act, effective July 1, 2024, added habitability standards and utility protections that now shape every step.

Grounds a Landlord Can Use

Georgia recognizes three main grounds for a dispossessory action. The first is nonpayment of rent, late fees, utilities, or other charges owed under the lease.¹ The second is holding over, which covers a tenant who stays past the end of the lease without permission. The third applies to tenants at will or at sufferance who remain after the landlord has properly terminated the arrangement.

Lease violations that do not involve rent, such as unauthorized occupants, property damage, or prohibited activity, are also grounds. In those cases the landlord relies on the specific lease terms and demands possession based on the breach.

Notices the Landlord Must Give First

Before filing anything in court, a landlord has to demand possession and give the tenant a chance to respond. The required notice depends on the reason for the eviction, and getting this step wrong can sink the case.

Nonpayment of Rent

When rent is unpaid, the landlord must deliver a written notice giving the tenant three business days to pay everything owed or vacate. Weekends and holidays do not count. The notice should be posted in a sealed envelope on the door, along with any additional method the lease specifies.¹ Only after the three business days pass without payment can the landlord file in court.

Month-to-Month and Other At-Will Tenancies

For a tenancy at will, the landlord must give 60 days’ written notice before ending the tenancy.² A tenant ending the same arrangement only needs to give 30 days. Failing to give the full 60 days is a defense to the eviction.

Holdover and Lease Violations

When a fixed-term lease ends and the tenant stays, or when the tenant breaks a lease term, the landlord demands possession. Georgia law does not fix a specific waiting period for these demands the way it does for nonpayment. Landlords typically issue a written demand giving a reasonable window to vacate before filing.

Filing the Dispossessory Affidavit

Once the notice period passes without compliance, the landlord files a dispossessory affidavit with the magistrate court in the county where the property is located.¹ The affidavit is a sworn statement identifying the grounds, the amount of past-due rent if any, and the fact that possession was demanded and refused.

Federal law also requires an affidavit about the tenant’s military service status before a default judgment can be entered. Knowingly filing a false statement about the defendant’s military status can carry up to one year in prison.³

How Service Works

After filing, the court issues a summons that a sheriff or lawful constable delivers to the tenant. The first attempt has to be personal service, meaning the papers are handed directly to the tenant.⁴ If that fails, the papers can go to any competent adult living at the property.

When neither works, the server uses tack-and-mail: posting a copy on the door and mailing another copy to the tenant’s last known address the same day. This method has a limit. A court can enter a default judgment for possession after tack-and-mail service, but it cannot enter a money judgment for unpaid rent unless the tenant actually appears or answers.⁴

The Tenant Has Seven Days to Answer

After service, the tenant has seven days to file an answer, either orally or in writing.⁴ If the seventh day is a weekend or holiday, the deadline moves to the next business day, and the summons will state the last possible date. Missing this window lets the landlord ask for a default judgment without a hearing.

The answer can raise any legal or equitable defense and can include counterclaims.⁴ Several defenses come up often:

Tender of rent. In a nonpayment case, paying all rent owed plus the cost of the dispossessory filing within seven days of service is a complete defense. A landlord only has to accept this cure once in any 12-month period.⁵
Retaliation. An eviction filed within three months of the tenant reporting a code violation, requesting repairs, or joining a tenant organization can be challenged as retaliatory. If proven, the tenant recovers one month’s rent plus $500, court costs, and attorney’s fees where the conduct was willful.⁶
Habitability. Every residential lease now carries an implied warranty of habitability, and serious defects can be raised as a defense or counterclaim.⁷
Improper notice. Skipping the three-business-day demand, failing to give 60 days for a tenancy at will, or delivering the demand incorrectly are all procedural grounds to challenge the case.

The Hearing and the Judgment

When the tenant answers, the court sets a hearing. The landlord carries the burden of proving the right to possession and should bring the lease, payment records, copies of the notices, and any relevant photos or communications. Tenants should bring documentation for their defenses, including repair requests, inspection reports, and proof of payments.

If the judge rules for the landlord, the court enters a judgment for possession and may award a money judgment covering unpaid rent and other charges.⁸ The court then issues a writ of possession, which becomes effective seven days after the date of judgment.

Appeals Run on a Seven-Day Clock

Either party can appeal. The notice of appeal has to be filed with the trial court within seven days of the judgment. For a tenant who wants to stay in the property during the appeal, there is a cost: all rent found due by the trial court must be paid into the registry of the reviewing court, and rent has to keep going into that registry as it comes due.⁹ A tenant who cannot keep up with those payments loses possession while the appeal is pending.

Executing the Writ of Possession

If no appeal is filed within seven days, the writ becomes enforceable. The landlord has to apply for execution within 30 days of issuance, or file a new affidavit showing good cause for the delay.⁸ Miss the 30 days and the writ process has to start over.

A sheriff, deputy, or constable carries out the physical removal. If the sheriff’s office cannot execute the writ within 14 days of the landlord’s request, the landlord may hire an off-duty certified peace officer at the landlord’s own expense.⁸

Once the writ is executed, the tenant’s belongings may be placed on the landlord’s property or another spot the executing officer approves. Georgia law is blunt about what follows: the landlord has no duty to store, protect, or safeguard those items, and the property is treated as abandoned the moment the writ is carried out.⁸ Anything valuable should be removed before the writ is executed.

Habitability Duties After the Safe at Home Act

Georgia’s Safe at Home Act took effect July 1, 2024. Every residential lease, written or oral, now carries an implied warranty that the property is fit for human habitation.⁷ Neither party can waive that warranty, even by agreement in the lease.¹⁰

Landlords must also provide cooling, heating, lighting, and water service for any lease entered into or renewed on or after July 1, 2024. Cutting off any of those utilities while a dispossessory case is pending is illegal and carries a civil fine of up to $500.¹¹

What Landlords Cannot Do

Georgia law requires going through the courts. Changing locks, removing doors, shutting off utilities, or physically hauling out a tenant’s property before a writ of possession has been issued and executed is not legal. Shutting off utilities during an active eviction carries the $500 fine noted above.¹¹ A tenant who has been locked out or had services cut can use that conduct as a defense in the dispossessory case and can pursue separate claims for damages.

The retaliation statute adds another restriction. A landlord who files an eviction, cuts services, raises rent, or interferes with lease rights within three months of a tenant reporting a housing violation, requesting repairs, or joining a tenant organization creates a presumption of retaliation. The landlord can rebut that presumption by showing a legitimate, independent reason, such as genuine nonpayment or an unrelated lease violation. If retaliation is proven, the tenant recovers one month’s rent plus $500, court costs, and potentially attorney’s fees.⁶