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Housing disputes in Georgia

Georgia calls its eviction process a dispossessory proceeding — and it is one of the more straightforward in the Southeast. For nonpayment, a 3-day demand is required before filing. Tenants have only 7 days to answer after service. Uncontested cases can resolve in 2-4 weeks. Key 2026 change: HB 404 now requires a minimum 3-day notice for nonpayment where landlords previously had none.

Georgia eviction law is found in O.C.G.A. § 44-7-50 et seq. The process is called a dispossessory proceeding and is filed with the Magistrate Court (or State Court) of the county where the property is located.

For nonpayment of rent, a landlord must now provide a written 3-day demand for possession before filing (required under HB 404, effective 2026). For lease violations, a 3-day Notice to Comply or Vacate is required. For month-to-month terminations, 60 days written notice is required.

2026 updates: Georgia passed HB 404 requiring a minimum 3-day notice for nonpayment evictions. The same legislation introduced new habitability standards under the Safe at Home Act and capped security deposits at two months rent.

Once filed, the tenant receives a Summons and has 7 days to file a written Answer with the Magistrate Court. If no answer is filed, the landlord may receive a default judgment. If contested, trial is typically set 15-21 days after the answer.

Notice requirements in Georgia

Nonpayment of rent: 3-day written demand for possession (required under HB 404, effective 2026).

Lease violation: 3-Day Notice to Comply or Vacate.

Month-to-month termination: 60-day written notice.

Fixed-term lease expiration: no notice required if tenant holds over.

Fulton County Clerk's Office: 136 Pryor Street SW, Atlanta, GA 30303.

Filing information

File a Dispossessory Affidavit with the Magistrate Court of the county where the property is located.

Fulton County (Atlanta): 136 Pryor Street SW, Atlanta, GA 30303.

Filing fee: varies by county, typically $60-$100.

After filing, the court serves tenant with Summons. Tenant has 7 days to file a written Answer.

If no answer: landlord may apply for default judgment immediately.

If tenant answers: trial is typically set 15-21 days later. Both parties present evidence.

After judgment: court issues Writ of Possession. Sheriff executes the writ and physically removes the tenant.

Local resources

Frequently asked questions

What notice is required before filing an eviction in Georgia?+
Under HB 404 (effective 2026), landlords must give tenants a written 3-day demand for possession before filing for nonpayment of rent. For lease violations, a 3-day Notice to Comply or Vacate is required. For month-to-month tenancies, 60 days written notice is required. Previously, Georgia allowed landlords to file for nonpayment immediately without any notice — this has changed.
What is a dispossessory proceeding in Georgia?+
Georgia calls its eviction lawsuit a dispossessory proceeding. It is filed with the Magistrate Court (or State Court) of the county where the property is located. After filing a Dispossessory Affidavit, the tenant is served with a Summons and has 7 days to file a written Answer. If no answer is filed, the landlord can apply for a default judgment.
How fast is the Georgia eviction process?+
Georgia has one of the faster eviction processes in the US. For an uncontested nonpayment case, expect 2-4 weeks from filing to writ of possession. If the tenant files an Answer, trial is typically set 15-21 days later. The Sheriff executes the writ after judgment.
Where do I file an eviction in Atlanta?+
For properties in Atlanta and Fulton County, file at the Fulton County Magistrate Court, located at 136 Pryor Street SW, Atlanta, GA 30303. For properties in other counties, file with the Magistrate Court of that county.

General information only. This page is based on publicly available statutes and court rules. It is not legal advice, does not constitute a legal opinion, and does not create an attorney-client relationship. Laws change and individual circumstances vary. Consult a licensed attorney for guidance specific to your situation.

Quick reference — Georgia

Key statute

O.C.G.A. § 44-7-50; HB 404 (2026)

Filing fee range

$60-$100

Enforcement officer

County Sheriff

Uncontested timeline

2-4 weeks

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