Eviction Timeline Georgia

Georgia eviction timeline at a glance

Since July 1, 2024, Georgia requires a written notice to pay or vacate giving the tenant at least 3 business days before a landlord can file a dispossessory (eviction) for nonpayment of rent (O.C.G.A. § 44-7-50, as amended by HB 404, the Safe at Home Act). An uncontested nonpayment eviction typically runs 3 to 6 weeks from notice to writ of possession. If the tenant files an answer, plan for 45 to 60 days or more.

The three phases of a Georgia eviction

Notice phase: deliver a written demand to pay or vacate that gives at least 3 business days. Filing phase: file a dispossessory affidavit in magistrate court. Court phase: tenant has 7 days from service to answer; if no answer, default judgment; if answer, hearing within 30 days; writ of possession served by sheriff typically within 7 days of judgment.

Georgia-specific eviction rules worth knowing

Before July 2024, Georgia was one of the few states with no statutory notice period for nonpayment. HB 404 changed that: the 3-business-day written notice is now the minimum, and a lease can require a longer one. Older guides that say Georgia allows an immediate demand are out of date. Georgia's tenant-friendly answer period (7 days) and required court hearing (not just default judgment in most cases) extend the timeline beyond the fastest jurisdictions. When the tenant moves out, confirm your security deposit return deadline to avoid penalty exposure.

Worked example: $1,400/month nonpayment eviction in Georgia

Your tenant at a Marietta rental ($1,400/month) misses April rent. On Monday, April 6, you deliver a written notice to pay or vacate giving 3 business days. The notice period runs through Thursday, April 9. On Friday, April 10, you file a dispossessory affidavit in Cobb County Magistrate Court. The tenant is served and has 7 days to file an answer. The tenant does not answer. The court enters a default judgment around April 22. The sheriff posts the writ of possession on April 29. Total elapsed time from notice: roughly 3 to 4 weeks. If the tenant files an answer, the court schedules a hearing within 30 days, pushing the total to 45 to 60 days.

What experienced landlords do differently

• Dual service method. Serve notice by certified mail AND posting on the door. If the case goes to court, dual service eliminates the "I never got it" defense.
• Cash-for-keys math. Before filing, consider a direct conversation or a cash-for-keys offer. A $500 move-out incentive often costs less than 4-6 weeks of lost rent plus court fees ($200-400).
• Document from day one. A text thread confirming the tenant received the notice is admissible in most jurisdictions and costs nothing. Save every communication.

Related Georgia compliance tools

Landlords in Georgia deal with more than eviction timelines. These free calculators cover the other compliance deadlines you need to track:

• Georgia Maximum Late Fee Calculator: Calculate the highest late fee your lease can enforce
• Georgia Rent Increase Notice Calculator: Find the required notice period for your planned increase
• Georgia Security Deposit Return Deadline: Know exactly when the deposit must be returned
• Georgia Security Deposit Interest Calculator: Calculate the interest you owe on held deposits

See all property management tools for investment, financing, and operations calculators.

Frequently asked questions about Georgia eviction timelines

Can I speed up the eviction process?

Not through the courts, but you can avoid common delays. Serve notice correctly the first time (errors reset the clock). File your complaint the day after the notice period expires. Bring complete documentation to the hearing: lease, payment records, notice with proof of service. Judges grant continuances when paperwork is incomplete.

How many days notice is required to evict for nonpayment in Georgia?

At least 3 business days. Since July 1, 2024, O.C.G.A. § 44-7-50 requires a written notice to pay or vacate before filing a dispossessory for nonpayment. The lease can require a longer notice period.

What court hears Georgia eviction cases?

Magistrate court in the county where the property is located. Filing fees vary by county.

Can a Georgia tenant stop the eviction by paying?

Yes. Paying the past-due rent before the hearing typically resolves the eviction. Some leases authorize refusing payment after the demand; check the specific lease.

What is the appeal timeline for Georgia eviction?

Tenant has 7 days from judgment to file an appeal to superior court. Appeal extends the timeline 30 to 60+ days.