By Type
Pay or Quit – Sent when rent is past due. It demands payment or leave the property.
Cure or Quit – Addresses lease violations such as unauthorized occupants or property misuse. It allows time to correct the issue.
Termination of Month-to-Month Tenancy (30-Day Notice) – Used to end an ongoing rental without renewing it. Proper notice is required.
Notice to Quit for Illegal Activity – Applies when criminal activity is involved. These notices usually lead directly to eviction.
Eviction Laws
Georgia law ties notice obligations closely to the lease and the reason for eviction.
- Rent Grace Period: As described in the rental agreement.
- Non-Payment of Rent: 3 days’ notice.[1]
- Lease Non-Compliance: Immediate notice.[1]
- Termination of Month-to-Month Tenancy:
- 60 days’ notice by the landlord
- 30 days’ notice by the tenant.[2]
- 60 days’ notice by the landlord
- Eviction Lawsuit Type: Dispossessory proceedings.[3]
Notices should clearly state the reason for termination and the deadline to vacate.
Prohibited Landlord Actions
- Utility Shutoff – It is unlawful for a landlord to willfully suspend a tenant’s utility services before the eviction is approved by the court. Violations may result in fines of up to $5,000.[4]
- Changing the Locks – A landlord may not evict a tenant by changing locks or otherwise blocking access without a court order issued through dispossessory proceedings.[3]
How to Evict a Tenant in Georgia (Step-by-Step)
Step 1: Provide the Required Notice
The landlord must follow the lease terms and deliver the appropriate notice. Proof of notice should always be retained.
Step 2: File a Dispossessory Affidavit
If the tenant does not comply, the landlord may file a Dispossessory Affidavit in the local Magistrate Court. The affidavit must include the tenant’s information, reason for eviction, and certification that notice was provided.
Filing fees vary by county, including:
- Fulton County: $60.[5]
- Gwinnett County: $56.[6]
- Chatham County: $74.[7]
- Clayton County: $50.[8]
- Paulding County: $78.[9]
Step 3: Serve the Tenant
The dispossessory warrant must be served on the tenant by the sheriff or another court-approved method.
Step 4: Obtain a Writ of Possession
After service, the tenant has 7 days to file an Answer. If no answer is filed—or if the landlord prevails—the court issues a Writ of Possession. The landlord may then have the sheriff remove the tenant and return possession of the property.
Court Forms & Resources
Georgia eviction paperwork is filed in the local Magistrate Court where the rental property is located.
- Dispossessory Affidavit – Filed by the landlord after notice has expired to formally start the eviction lawsuit.
- Answer Form – See, e.g., Fulton County Answer Form.
- Writ of Possession – Issued if the landlord prevails, authorizing the sheriff to remove the tenant.
Sources
- Ga. Code § 44-7-50(c)
- Ga. Code § 44-7-7
- Ga. Code Title 44, Chapter 7, Article 3
- Ga. Code § 44-7-14.1
- Fulton County Magistrate Court – Filing Fees
- Gwinnett County Magistrate Court – Fees
- Eastern Judicial Circuit of Georgia – Magistrate Court Fees
- Clayton County – Eviction
- Paulding County – Magistrate Court Filing Fees