Georgia Eviction Laws - 2024 Step by Step Process & Costs
Are you a landlord or property manager in Georgia facing the challenge of evicting a tenant?
Understanding and following the state's eviction rules and procedures is crucial to ensure a valid eviction. Otherwise, you might get stuck with a pile of legal fees (and no rent to boot).
In this article, we'll provide a clear and concise overview of Georgia eviction laws, plus tips for problem-solving common roadblocks. Be sure to read from top to bottom so you don't miss any important steps.
Evictions In Georgia Are On The Rise
Rent costs in Georgia continue to rise in 2024, though not as sharply as in years past. However, with inflation taking its toll, many families are finding it difficult to make rent payments on time—and for landlords, that has meant making the difficult decision to enter eviction proceedings.
In Georgia, eviction filings are 50% higher than they were before the pandemic, and with the economy cooling and a continued shortage of affordable housing, renters and landlords alike may continue to face the stress and upheaval of eviction.
What Not To Do: Illegal Evictions In Georgia
It's important to remember that tenants have the right to due process, and an illegal eviction notice could land you in a lawsuit of your own.
- Self-Help Evictions: Actions like changing locks, turning off the air conditioning, or removing a tenant's belongings without court approval are illegal in Georgia.
- Retaliatory Evictions: Evicting a tenant for exercising legal rights, such as complaining about unsafe conditions, is prohibited.
- Discriminatory Evictions: Evictions based on a tenant's race, religion, gender, disability, etc., are illegal under the Fair Housing Act.
- No Proper Notice: Not providing written notice or adequate time for a tenant to respond before filing an eviction lawsuit is illegal.
Eviction Laws in Georgia Quick Reference Table
| Problem | Georgia Eviction Law Says… | What to do |
|---|---|---|
| Tenant has not paid rent. | You may begin eviction proceedings as soon as a tenant is late—Georgia law does not stipulate any grace period. GA Code § 44-7-50 (2022) |
Serve the tenant Notice to Quit. Georgia law leaves the number of days your tenant has to cure the violations up to the landlord. If they do not pay with the number of stipulated days, you may file an eviction suit with the court. |
| Tenant has violated terms of the lease. | Georgia law does not specify a process for evictions stemming from a lease violation; however, as it constitutes a breach of contract, you may begin the eviction process as soon as you become aware of a lease violation. GA Code § 44-7-50 (2022) |
Serve the tenant Notice to Comply or Vacate. Though not required, landlords typically give tenants a short period during which to correct the violation before filing suit. |
| Tenant is engaging in illegal activity on property. | Georgia law does not specify a process for evictions stemming from illegal activity. However, if compliance with the law is a term of your lease, you may begin eviction proceedings as soon as you become aware of illegal activity. GA Code § 44-7-50 (2022) |
Serve the tenant with Immediate Notice to Vacate and file an eviction suit with the court. |
| Landlord wishes to terminate lease or evict a tenant without a lease. | If you wish to terminate a lease or evict an at-will tenant, you must provide 60 days’ notice. GA Code § 44-7-7 (2022) |
Provide the tenant at least 60 days’ written notice of your intent to terminate the lease. If they do not vacate, file an eviction suit. |
Georgia Eviction Process (Step by Step)
- Step 1: Establish grounds for eviction
- Step 2: Send the tenant a written notice
- Step 3: File an eviction lawsuit with court
- Step 4: Attend the court eviction hearing and judgment
- Step 5: Tenant vacates the property within 7 days
Step 1: Establish grounds for eviction.
As a landlord, you can establish grounds for the eviction process if the tenant holds possession beyond the agreed rental term, fails to pay rent on time, or if the owner desires possession of their property.
A crucial part in the Georgia eviction process is ensuring that the grounds are legally valid. Grounds can also be established when the tenant holds and occupies the premises at will or without a rental contract.
Ensure you have the proper documentation, including photos, correspondence, and rental agreements to support the eviction process.
Step 2: Send the tenant a written notice.
You must first provide a written eviction notice to initiate the eviction process in Georgia. This notice is a formal step in the eviction process, signaling to the tenant that they are at risk of eviction.
Typically, landlords give specific notice to the eviction type, such as for nonpayment or noncompliance with lease terms. It's important to follow state guidelines for this part of the eviction process to ensure legality.
Step 3: File an eviction lawsuit with court.
If the tenant refuses to leave, you can file an affidavit under oath stating the facts of the case with the appropriate court, further advancing the eviction process.
Following this, a summons and a copy of the affidavit will be personally served upon the tenant, which is a critical step in the legal eviction process. If personal service isn't possible, you can post a copy on the property and mail a copy to the tenant. Note that there may be filing fees.
The Georgia eviction process requires the tenant to answer orally or in writing within seven (7) days from the service date. The answer can be provided on the next working day if the seventh day falls on a weekend or a legal holiday.
Step 4: Attend the court eviction hearing and judgment.
If the tenant responds, an eviction hearing trial of the issues follows. The court hearing is a decisive step in the eviction process where both parties present their case.
If the tenant doesn't respond, a default judgment may be issued for possession but not for money owed unless the tenant makes an appeal or files an answer.
In cases where the right of possession can't be determined within two weeks, the tenant must pay all rent due into the registry of the court. If the tenant fails to do so, a writ of possession is issued, and the landlord can regain possession.
Step 5: Tenant vacates the property within 7 days.
If the judgment is against the tenant, a writ of possession is issued to be effective at the expiration of seven (7) days after the date such judgment was entered. The tenant is required to vacate the premises within this period, which is the final step in the eviction process.
If they do not, the sheriff may forcibly remove the tenant, marking the conclusion of the eviction process. Once the tenant vacates, any remaining personal property can be considered abandoned. The landlord can reclaim possession of the premises.
The execution of the writ of possession should be applied within 30 days from the date of its issuance.
Georgia Eviction Costs
The eviction process in Georgia involves several potential costs that landlords should be aware of. These costs can vary depending on the complexity of the eviction case and the specific circumstances involved.
The table below summarizes the most common expenses associated with the eviction process.
| Expense Category | Description | Estimated Cost Range |
|---|---|---|
| Filing Fees | Fees paid to the court to file the eviction lawsuit. | $60 - $100 |
| Service of Process Fees | Costs for serving the tenant with the eviction notice and court summons. | $25 - $50 |
| Attorney Fees | Legal fees for hiring an attorney to represent the landlord in court. This is optional but recommended for complex cases. | $200 - $500+ |
| Court Costs | Additional court-related expenses, such as fees for filing motions or obtaining court documents. | $50 - $100 |
| Loss of Rental Income | Potential loss of income due to the property being vacant during the eviction process. | Varies based on rental value |
| Property Damage Repairs | Costs for repairing any damage to the property caused by the tenant. | Varies based on damage extent |
| Cleaning and Turnover Costs | Expenses for cleaning and preparing the property for a new tenant after eviction. | $100 - $300 |
These expenses can add up, so it's important to consider them when deciding to proceed with an eviction. Landlords should also be aware that the eviction process is governed by state law, and all steps must be legally compliant to avoid additional liabilities.
Georgia Eviction Process Timeline
The eviction process in Georgia follows a structured timeline to ensure both landlords and tenants understand their rights and responsibilities.
This table provides an overview of each step in the process, including the actions required and the typical time frames involved.
| Step | Action | Description | Time Frame |
|---|---|---|---|
| 1 | Establish Grounds for Eviction | Landlord identifies legal reasons for eviction, such as lease violations or overdue rent. | Immediate upon violation |
| 2 | Send Written Notice | Landlord sends a formal eviction notice to the tenant, specifying the reason for eviction. | Depends on eviction reason |
| 3 | File Eviction Lawsuit | If the tenant does not comply with the notice, the landlord files an eviction lawsuit with the court. | After notice period expires |
| 4 | Court Processes | The court reviews the case, and a hearing is scheduled. Both parties present their case. | Varies (days to weeks) |
| 5 | Court Judgment | The court makes a judgment on the eviction. | Immediately after hearing |
| 6 | Writ of Possession | If eviction is granted, a writ of possession is issued. | Within 7 days of judgment |
| 7 | Tenant Vacates | Tenant must vacate the property. If not, the sheriff may enforce eviction. | Within 7 days of writ issuance |
Georgia Landlord-Tenant Law
Georgia Landlord-Tenant Law governs the rental of commercial and residential properties in the state of Georgia. It is designed to protect both landlords and tenants by outlining their respective rights and responsibilities.
Key aspects of this law include security deposit regulations, lease and rental agreement stipulations, tenant rights to withhold rent under certain conditions, and procedures for legally handling eviction.
Additionally, the law specifies maintenance responsibilities, procedures for legal entry to the property, and guidelines for handling abandoned property.
For a more comprehensive overview of Georgia Landlord-Tenant Law, including detailed explanations of legal requirements for both landlords and tenants, please visit our dedicated resource: Georgia Tenant-Landlord Law.
Overdue Rent? Eviction Services Are Available
If you find yourself dealing with tenants who are consistently late on rent payments, it can be a stressful and frustrating situation. However, you don't have to face it alone.
Hemlane is here to assist you in navigating the process and ensuring that you receive the rent you are owed, all while minimizing costly court fees. Explore our eviction services and on-demand delinquency management today.
Frequently Asked Questions
Can you kick someone out of your house in Georgia?
Yes, in Georgia, it is possible to remove someone from your house if they did not have your permission to occupy the property and have not paid rent or entered into a written or verbal lease agreement. However, instead of following the typical eviction process, you would need to adhere to the state's "intruder" laws.
These laws are specifically designed to address situations where individuals have unlawfully entered or taken up residence in someone else's property without their consent. To ensure a proper removal, it is advisable to understand and adhere to these specific legal procedures when facing such circumstances in Georgia.
Can a landlord evict you immediately in Georgia?
In the state of Georgia, a landlord is obligated to provide either verbal or written notice before initiating the eviction process. While the law does not specify a specific duration for the notice period, it implies that a reasonable amount of time should be given.
However, it is worth noting that due to the lack of a specific timeframe requirement, a landlord could potentially claim that you have been adequately notified to vacate the premises and expect immediate compliance.
What options does a tenant have in an eviction action for nonpayment of rent?
In an eviction action for nonpayment of rent, tenants have several options available to them. Firstly, if they are served with a summons, they can choose to tender to the landlord all the allegedly owed rents within seven days, along with the cost of the dispossessory warrant.
Additionally, tenants must respond to the summons and affidavit within seven days, either in writing or verbally. By answering the affidavit, tenants can request a hearing where they will have the opportunity to provide reasons why they should not be evicted. It's important to note that any judgment made by the court can be appealed within seven days from the date it was entered.
