Georgia Eviction Process Step by Step (Post HB 404, 2026)
Georgia evictions are dispossessory actions filed in magistrate court. The procedure is fast (uncontested cases resolve in 2 to 4 weeks) but tightly statutory. After HB 404 (Safe at Home Act, effective July 1, 2024) added the 3-business-day pay-or-quit notice at OCGA 44-7-50(c), the procedure has five clear steps.
Nothing here is legal advice. It is a plain-English step-by-step with statutory citations.
The five steps are:
- Serve the 3-business-day pay-or-quit notice (OCGA 44-7-50(c)).
- File the dispossessory affidavit in magistrate court (OCGA 44-7-50).
- Tenant has 7 days to answer.
- Court issues a writ of possession.
- Sheriff schedules the lockout.
Pre HB 404 the first step did not exist; landlords could file the dispossessory affidavit the day rent was late. That is no longer permitted.
## Step 1: 3-business-day pay-or-quit notice (OCGA 44-7-50(c))
This is the new HB 404 requirement. Before filing for non-payment of rent, the landlord must serve a written 3-business-day pay-or-quit notice. The notice must:
- Be in writing (text and email do not count; certified mail or hand-delivered).
- State the amount of rent due.
- Identify the property by full street address.
- Demand payment within 3 business days.
Three business days exclude Saturdays, Sundays, and Georgia state holidays. So a notice served on Tuesday before a Monday holiday weekend gives the tenant until end-of-day Friday-after-the-holiday.
If the tenant pays in full within the 3 days, the breach is cured and the dispossessory cannot be filed. If the tenant does not pay (or pays partially), the landlord may proceed to step 2.
## Step 2: dispossessory affidavit (OCGA 44-7-50)
After the 3 business days expire, the landlord files a dispossessory affidavit in the magistrate court of the county where the property is located. The filing fee is typically $60 to $100, varying by county.
The affidavit identifies: - The parties (landlord and tenant). - The property by full street address. - The breach (typically non-payment of rent). - The amount owed. - Whether the tenant remains in possession.
Most Georgia magistrate courts have pre-printed dispossessory affidavit forms.
## Step 3: tenant answer and trial
The court serves the affidavit on the tenant. The tenant has 7 days from service to file an answer.
If the tenant does not answer: - The landlord obtains a default writ of possession. - The case proceeds straight to the writ stage.
If the tenant answers: - The case is set for trial in magistrate court, typically within 14 to 21 days of the answer. - The trial is a bench trial; no jury. - The landlord must prove the breach by a preponderance of the evidence. - The tenant may raise defenses including habitability under the new HB 404 standard.
If the landlord prevails (default or after trial), the court issues a writ of possession. The writ commands the sheriff to remove the tenant and restore possession to the landlord.
The writ is typically issued within 1 to 3 days of the judgment.
The tenant has the option to appeal to State Court within 7 days of the magistrate's judgment, posting a bond equal to the rent owed plus attorney fees. Appeals are uncommon in non-payment cases but more common in habitability counter-claim cases.
The sheriff (or marshal in some counties) schedules a lockout, typically within 7 to 14 days of the writ. The lockout involves the sheriff overseeing the tenant's removal of personal property.
Georgia is one of the few states that allows the sheriff to set the property contents on the curb at the lockout. Some counties have local rules requiring 24 hours notice before the set-out.
After the lockout, the landlord recovers possession and may re-key the property.
| Step | Time | |---|---| | 3-business-day notice | 3 business days | | File affidavit | 1 day | | Service on tenant | 1 to 7 days | | Tenant answer window | 7 days | | Trial (if contested) | 14 to 21 days from answer | | Writ of possession | 1 to 3 days from judgment | | Sheriff lockout | 7 to 14 days from writ |
Uncontested cases: 2 to 4 weeks from notice to lockout. Contested cases: 4 to 8 weeks, longer if appealed.
Holiday weekends, court backlogs in Atlanta-area magistrate courts, and tenant bankruptcy filings (which trigger the federal automatic stay) can extend the timeline.
Georgia case law forbids self-help lockouts and utility shut-offs. A landlord who: - Changes the locks without a writ of possession. - Shuts off utilities (water, electricity, gas). - Removes the tenant's belongings without a sheriff's set-out. - Refuses to provide keys to a paying tenant.
is liable for damages, possession may be restored to the tenant by court order, and the tenant may recover reasonable attorney fees.
The dispossessory process is fast enough (2 to 4 weeks uncontested) that self-help is not justifiable on speed grounds. Self-help also exposes the landlord to claims under the Georgia RICO Act in extreme cases.
How long does eviction take in Georgia? 2 to 4 weeks uncontested. 4 to 8 weeks if contested. Add 7 to 30 days if appealed.
Do I have to give written notice before filing for eviction? Yes, post HB 404. A 3-business-day pay-or-quit notice is required for non-payment of rent (OCGA 44-7-50(c)).
What if the tenant pays after I serve the notice but before I file? The breach is cured and you cannot file the dispossessory. You can serve a new notice if rent is late again.
What if the tenant pays after I file but before the trial? You can still proceed if the lease specifies acceleration of rent, but most magistrate courts encourage settlement and dismiss on full payment plus court costs.
Can the tenant appeal? Yes, to State Court within 7 days of the magistrate's judgment, posting a bond.
What happens to the tenant's belongings? Georgia allows the sheriff to set them on the curb at lockout. Some counties require 24 hours notice. The landlord is not required to store them.
Can I evict for lease violations other than non-payment? Yes, but the notice period depends on the lease. The 3-business-day rule applies specifically to non-payment of rent.
If you need a Georgia pay-or-quit notice template that meets HB 404 requirements (statutory language, 3-business-day calculation, certified mail format), our team's Georgia notice to quit at leasekit.io/templates/georgia-eviction-notice covers it for $29 one-time. The full Georgia residential lease at leasekit.io/templates/georgia-residential-lease includes the same notice template plus HB 404-compliant lease terms.