In Georgia, a dispossessory is an eviction — specifically, it is the lawsuit a landlord files in Magistrate Court to force a tenant out. “Eviction” is the everyday word for the whole process; “dispossessory” is the statutory name for the court case that drives it. If you have been handed a dispossessory warrant, you are being sued for eviction, and the clock on your right to respond has already started.
Why the Two Words Describe the Same Thing
Georgia is one of the few states whose statutes still use the word “dispossessory,” which is why the term throws people. The dispossessory is the filing: a sworn affidavit submitted to the court along with a filing fee. Everything that follows — the hearing, the judgment, and the physical removal by a marshal or sheriff — is what most people picture when they hear “eviction.”
The practical point for a tenant is that a landlord cannot skip the dispossessory. Georgia law requires a court order before anyone can be removed from a rental. A landlord who changes the locks, shuts off utilities, or hauls your belongings to the curb without going through court is breaking the law.1Georgia Courts. Landlord/Tenant If that happens to you, the eviction has gone off the rails procedurally, and you have claims of your own.
The Seven-Day Answer Window
After a marshal, sheriff, or constable serves you with the dispossessory warrant, you have seven days to file a written answer with the court. The answer is where you dispute the landlord’s claims, raise defenses, or explain the circumstances.
This is the deadline that matters most. If you do not file an answer within those seven days, the court enters a default judgment against you. There is no hearing. The judge treats every claim in the landlord’s affidavit as proven, enters judgment for all rent the landlord says you owe, and issues a writ of possession immediately.2Justia. Georgia Code 44-7-53 – When Writ of Possession Issued The statute uses the word “instanter,” which means right away. If you intend to fight the case, filing that answer is the single most important thing you can do.
Paying the Rent Can End the Case
Residential tenants in Georgia have a time-limited escape hatch. Within seven days of being served, you can tender the full amount of rent the landlord claims plus the filing costs. If you do, the landlord is required to accept the payment, and that tender is a complete defense. The dispossessory ends.3Justia. Georgia Code 44-7-52 – When Tender of Payment by Tenant Serves as Complete Defense
There is one catch. A landlord only has to accept this kind of mid-lawsuit payment once in any twelve-month period. If you already used this remedy within the past year, the landlord can refuse your payment and keep going. Commercial tenants do not get the same protection; partial payment will not stop the case, though a court can factor it into damages.3Justia. Georgia Code 44-7-52 – When Tender of Payment by Tenant Serves as Complete Defense
If the case drags on past two weeks without resolution, Georgia requires you to pay ongoing rent and any disputed past-due amounts into the court’s registry. Miss one of those payments and the court issues an automatic writ of possession, with no further hearing, regardless of how strong your defenses are.4Justia. Georgia Code 44-7-54 – Payment of Rent and Utility Charges Into Registry of Court
What the Landlord Had to Do Before Filing
A dispossessory is not supposed to appear out of nowhere. Georgia requires the landlord to make a demand on the tenant first, and the type of demand depends on the reason for eviction.
For unpaid rent, the landlord must give you written notice to either pay everything owed or vacate within three business days. The notice has to be posted in a sealed envelope on the door, along with any delivery method the lease requires. Only after those three days have passed without payment or move-out can the landlord file.5Justia. Georgia Code 44-7-50 – Demand for Possession; Procedure Upon a Tenant’s Refusal; Notice to Vacate or Pay
For holdover tenants and tenants at will, the landlord must make a demand for possession. If the tenant refuses, the landlord can file right away. There is no three-day waiting period for those situations.5Justia. Georgia Code 44-7-50 – Demand for Possession; Procedure Upon a Tenant’s Refusal; Notice to Vacate or Pay
Check the dates and the paperwork. If the landlord never made a proper demand, served it incorrectly, or filed before the three-day window closed on a nonpayment case, you have grounds to challenge the entire action.
Defenses Worth Raising
Once you file an answer, several defenses are available depending on your situation.
Defective Demand or Notice
A proper demand for possession is a legal prerequisite. Georgia courts treat the demand as a condition the landlord must meet before earning the right to file. A missing, premature, or improperly served demand can defeat the case.5Justia. Georgia Code 44-7-50 – Demand for Possession; Procedure Upon a Tenant’s Refusal; Notice to Vacate or Pay
Retaliation
Georgia has a specific anti-retaliation statute. If within the past three months you complained to the landlord about a habitability problem, reported a code violation to a government inspector, or participated in a tenant organization, and the landlord then filed the dispossessory, you may have a retaliation defense. The law also covers rent hikes, service cuts, and interference with lease rights done in retaliation. A tenant who proves willful retaliation can recover one month’s rent plus $500, court costs, and reasonable attorney’s fees.6FindLaw. Georgia Code Title 44 Property 44-7-24
No Landlord-Tenant Relationship
A dispossessory can only be used against an actual tenant. If the person in the property is a former owner, a family member of a previous tenant, or someone who never had a rental agreement with the person filing, a dispossessory may be the wrong tool and the case can be challenged on that basis.
Federal Protections
Two federal laws sit on top of Georgia’s process. The Fair Housing Act prohibits a landlord from using an eviction as a cover for discrimination based on race, color, religion, sex, national origin, familial status, or disability — a landlord who follows every state procedure correctly can still violate federal law by targeting a protected tenant.7U.S. Department of Justice. The Fair Housing Act The Servicemembers Civil Relief Act bars eviction of active-duty military and their dependents from a primary residence without a court order, and requires the court to grant a stay of at least 90 days if military duties materially affect the servicemember’s ability to pay. The protection applies to rentals below a monthly threshold that adjusts annually from a $2,400 base, and knowingly evicting a protected servicemember without following the rules is a federal misdemeanor.8Office of the Law Revision Counsel. 50 USC 3951 – Evictions and Distress
If the Court Rules Against You
A judgment for the landlord comes with a writ of possession, but the writ does not take effect for seven days. That window lets you move out voluntarily or file an appeal.9Justia. Georgia Code 44-7-55 – Judgment; Writ of Possession; Landlord’s Liability for Wrongful Conduct; Distribution of Funds Paid Into Court; Personal Property
After those seven days, an officer executes the writ by physically removing you and your belongings. The law lets the officer place the property on the landlord’s premises or another approved location, and anything left behind after execution is legally abandoned. The landlord has no duty to store or protect it.9Justia. Georgia Code 44-7-55 – Judgment; Writ of Possession; Landlord’s Liability for Wrongful Conduct; Distribution of Funds Paid Into Court; Personal Property
Appealing the Judgment
You can appeal, but the right to stay in the property during the appeal has a price. The notice of appeal must be filed with the trial court clerk within seven days of the judgment. To remain in the home while the appeal is pending, you must pay all rent the trial court found owed into the registry of the reviewing court and keep paying future rent into that registry as it comes due.10Justia. Georgia Code 44-7-56 – Appeal; Procedure
If you cannot keep up with those payments, the appeal does not stop the writ. The requirement exists so landlords are not left waiting unpaid while a tenant uses the appeal purely for time.
What a Dispossessory Judgment Does Afterward
Losing a dispossessory does not end when you hand over the keys. Under federal law, consumer reporting companies can list eviction records on tenant screening reports for up to seven years, and many landlords reject applicants whose screening shows any eviction filing, including filings that were later dismissed.11Consumer Financial Protection Bureau. How Long Can Information, Like Eviction Actions and Lawsuits, Stay on My Tenant Screening Record
The eviction itself does not land on your credit report. If the landlord sells the unpaid rent to a collection agency, though, that collection account appears and can stay for seven years, affecting both future housing applications and credit decisions.12Equifax. How Does Eviction Affect Credit Scores? If you discharge the debt in bankruptcy, the bankruptcy can show on tenant screening for up to ten years.11Consumer Financial Protection Bureau. How Long Can Information, Like Eviction Actions and Lawsuits, Stay on My Tenant Screening Record A single dispossessory judgment can limit housing options for the better part of a decade, which is why the seven-day answer window — and the chance to tender full payment within it — is worth taking seriously the day the warrant arrives.