Georgia Eviction Laws: 2025 Process & Timeline

The Eviction Process for Georgia

If you're renting out a property in Georgia or signing a lease here, knowing the rules of the road isn't just helpful—it's essential. At Hemlane, we have seen firsthand how confusion over laws, especially around evictions and security deposits which leads to stressful and costly disputes for both landlords and tenants.

Georgia is often considered a "landlord-friendly" state, but that does not mean it is a lawless wild west. The framework is laid out in the Official Code of Georgia Annotated (O.C.G.A.) Title 44, Chapter 7, and it demands strict adherence to process. This guide breaks down the key elements with real world context, so you can protect your investment or your home.

The Foundation Rights and Responsibilities

Georgia law establishes a basic covenant: tenants have the right to a habitable property and landlords have the right to receive rent and have their property cared for. Most residential leases, including houses, apartments and mobile homes, fall under this code. The cornerstone is the lease agreement itself. A clear, comprehensive lease that references Georgia law is your first and best line of defense. As the Georgia Department of Community Affairs notes, a good lease clearly outlines terms for payments, maintenance, entry and termination.

Part 1: Grounds for Eviction – The "Why" Before the "How"

You can't start an eviction in Georgia just because you’re having a bad day. The law requires specific legally recognized grounds (O.C.G.A. § 44-7-50).

Part 2: The Eviction Process – A Step-by-Step Timeline

Georgia's process is methodical. Skipping a step can get your case thrown out of court.

Step 1: Serve the Proper Notice.
This is not the court filing. This is a formal demand letter from you to the tenant. The type depends on the reason. Always serve notices in a provable way (certified mail and posting).

Step 2: File the Dispossessory Affidavit.
If the notice period expires without compliance you file this affidavit with the county magistrate's court paying the filing fee.

Step 3: The Court Summons & Tenant's Answer.
The tenant has 7 days to file an answer. No answer = default judgment for the landlord.

Step 4: The Trial.
If answered, a trial is set within ~15-21 days. Bring all documentation.

Step 5: Writ of Possession.
If the landlord wins, the judge issues the writ. The tenant then has 7 days to leave voluntarily. After that, only the sheriff can legally enforce removal.

Pro Tip from Hemlane: Our platform automates the creation and tracking of legally necessary notices, helping ensure you never miss a step and have a clear, court-ready paper trail.

Part 3: What Tenants Can Do: Defenses Against Eviction

Tenants aren't powerless. Valid defenses in court include:

• Proof of Payment: Providing cancelled checks or receipts.
• Landlord Retaliation: Proving the eviction is in retaliation for requesting necessary repairs.
• Failure to Maintain: Documenting serious, unrepaired health and safety issues (O.C.G.A. § 44-7-13).
• Discrimination: Eviction based on a protected class violates the Federal Fair Housing Act.

Part 4: Key Considerations & Hemlane's Practical Advice

Security Deposits: While Georgia law doesn't cap deposit amounts, it strictly governs their return. You have 30 days after move out to return the deposit with an itemized list of deductions for damages beyond normal wear and tear. Failure to do this can make you liable for the full deposit plus damages (O.C.G.A. § 44-7-33). Documentation from move in and move out inspections is non-negotiable.

The Eviction Record: An eviction judgment is a public record. For tenants, it can make renting incredibly difficult for 7 years. For landlords, a loss in court can set a problematic precedent.

Alternatives to Eviction (The Smart Play): Eviction is a last resort. It's expensive, time-consuming, and leaves a unit vacant. Consider:

• Payment Plans: For good tenants in a temporary bind.
• "Cash for Keys": Offering a financial incentive for a smooth, immediate move-out. This saves time, legal fees, and turnover costs.
• Mediation: Local dispute resolution centers can help find compromise.

Why This Matters for Hemlane Clients: Our platform is built to help you avoid these messy situations. Automated rent reminders, digital lease storage, and integrated maintenance logging create clear records. If the worst happens, our tools help you execute each legal step correctly and on time, minimizing risk. We believe in professional, compliant management that protects your asset and respects tenants' rights.

The Bottom Line

Whether you own a single-family home in Savannah or an apartment building in Atlanta, success in Georgia rental real estate comes down to three things:

1. An Ironclad Lease: Make it thorough and Georgia-specific.
2. Meticulous Documentation: Inspections, notices, communications and payments.
3. Strict Process Adherence: Follow the legal steps to the letter, no shortcuts.

Disclaimer: This article is for informational purposes and does not constitute legal advice. Georgia's laws are complex and can vary by municipality. For specific legal matters, always consult with a qualified Georgia attorney.

*About Hemlane: Hemlane provides modern property management tools and services designed to help landlords manage their rentals efficiently, compliantly and profitably. From automated lease generation and rent collection to maintenance coordination and, when necessary, guidance through the legal process, we equip owners with the expertise and tools to navigate challenges like evictions with confidence.