How to File a Dispossessory in Georgia: Landlord's Eviction Guide

If you're a landlord in Georgia dealing with a tenant who won't pay rent or won't leave, you need to understand the dispossessory process — Georgia's legal term for eviction. You can't just change the locks, shut off the utilities, or move their belongings to the curb. Doing any of those things is illegal in Georgia and could land you in court as the defendant instead of the plaintiff.

This guide walks you through the entire dispossessory process step by step, including the costs, the timeline, the most common mistakes landlords make, and an alternative you may not have considered.

What Is a Dispossessory Action in Georgia?

A dispossessory action is Georgia's formal legal process for removing a tenant from a rental property. You may hear it called an eviction, but in Georgia courts, the official term is "dispossessory." The process is governed by O.C.G.A. Section 44-7-50 through 44-7-58.

When you file a dispossessory, you're asking the court to issue a dispossessory warrant — a legal order requiring the tenant to either resolve the issue (such as paying overdue rent) or vacate the property. If the tenant doesn't comply, the court can issue a writ of possession, which authorizes the sheriff or marshal to physically remove the tenant from the premises.

It's a straightforward process, but it takes time. And skipping any step can force you to start over.

Grounds for Filing a Dispossessory in Georgia

Georgia law allows landlords to file a dispossessory action for several reasons:

• Nonpayment of rent — The most common ground. The tenant has failed to pay rent when due under the lease agreement.
• Lease violations — The tenant has violated a material term of the lease, such as unauthorized pets, subletting without permission, or causing damage to the property.
• Holdover tenant — The lease has expired, and the tenant has refused to leave after proper notice. This also applies to month-to-month tenancies where the landlord has given the required 60 days' notice to terminate (O.C.G.A. Section 44-7-7).
• Criminal activity — The tenant is engaging in illegal activity on the premises, such as drug manufacturing or distribution.

Regardless of the reason, you cannot remove a tenant without going through the court process. Georgia takes this seriously — self-help eviction is illegal and can expose you to liability for the tenant's damages, court costs, and attorney fees.

Step-by-Step: How to File a Dispossessory in Georgia

Here's exactly how the dispossessory process works from start to finish:

Step 1: Give Written Notice or Demand

Before you can file in court, you must provide the tenant with proper notice. The type of notice depends on your reason for filing:

• Nonpayment of rent: Georgia law does not require a specific notice period before filing for nonpayment. Once rent is past due, you can technically proceed immediately. However, most leases include a grace period (typically 3 to 5 days), and many landlords send a written demand for payment as a courtesy and to create a paper trail.
• Lease violations: Send a written notice specifying the violation and giving the tenant a reasonable time to cure it (if the lease allows for a cure period).
• Holdover tenant (month-to-month): Provide at least 60 days' written notice to terminate the tenancy.

Put everything in writing. Verbal warnings don't hold up in court. Send your notice via certified mail, hand-deliver it with a witness, or post it on the door and photograph it.

Step 2: File the Dispossessory Affidavit at Magistrate Court

Once your notice period has passed (or immediately for nonpayment, if no grace period applies), you file a dispossessory affidavit at the magistrate court in the county where the property is located.

The dispossessory affidavit is a sworn statement that includes:

• Your name and contact information as the landlord
• The tenant's name and the property address
• The grounds for the dispossessory (nonpayment, lease violation, etc.)
• The amount of rent owed (if applicable)
• A statement that the tenant is in possession of the property

Most magistrate courts have standard forms available at the clerk's office or on their website. You don't need an attorney to file, though you may want one for complicated situations.

Step 3: The Tenant Is Served

After you file, the court issues a dispossessory warrant and has it served on the tenant. Service is typically handled by the county marshal or sheriff's office. The tenant receives official notice of the dispossessory action and the court hearing date.

Step 4: The 7-Day Answer Period

Once served, the tenant has 7 days to file an answer with the court. The tenant can:

• Pay the rent owed (for nonpayment cases) to stop the action
• File a written answer contesting the dispossessory — the case then proceeds to a court hearing
• Do nothing — if the tenant doesn't respond within 7 days, you can request a default judgment in your favor

Step 5: Court Hearing

If the tenant files an answer, the court schedules a hearing. Both sides present their case before a magistrate judge. Bring your evidence: the lease agreement, payment records, photos of damage, copies of notices you sent, and any written communication with the tenant.

If the judge rules in your favor, the court issues a judgment for possession (and past-due rent, if applicable).

Step 6: Writ of Possession

After the judgment, if the tenant still refuses to leave, you request a writ of possession from the court. This authorizes the marshal or sheriff to remove the tenant and their belongings from the property. The tenant is typically given a final notice (usually 24 to 72 hours) before the physical removal.

Do not attempt to remove the tenant yourself at any point in this process. Only the marshal or sheriff has the legal authority to execute a writ of possession.

How Much Does a Dispossessory Cost in Georgia?

The costs vary by county, but here's what to budget:

In some cases, the court may award you attorney fees and court costs as part of the judgment, but collection from a tenant who couldn't pay rent is often difficult.

How Long Does a Dispossessory Take?

The total timeline from filing to physical removal typically runs 30 to 60 days, assuming no major delays:

• Filing to service: 1 to 7 days
• 7-day answer period: 7 days
• Court hearing (if tenant answers): 7 to 14 days after the answer period
• Writ of possession (if tenant doesn't leave): 7 to 14 days after judgment

If the tenant files an appeal, the process can stretch significantly longer. Tenants can also delay things by filing motions, requesting continuances, or contesting the action on procedural grounds.

Common Landlord Mistakes That Delay Eviction

These are the errors we see Georgia landlords make repeatedly. Each one can add weeks or months to the process — or force you to start over entirely.

1. Self-help eviction. Changing locks, removing doors, shutting off utilities, or moving a tenant's possessions without a court order is illegal in Georgia. The tenant can sue you for damages, and you could face criminal charges. Always go through the courts.

2. Accepting partial rent during the process. If you accept any rent payment — even a partial one — after filing a dispossessory, many courts will consider the dispute resolved and dismiss your case. Once you file, do not accept money from the tenant without consulting your attorney.

3. Improper notice. Using the wrong notice period, failing to put it in writing, or serving it improperly gives the tenant grounds to have the case dismissed.

4. Filing in the wrong court. You must file in the magistrate court for the county where the property is located. Filing in the wrong jurisdiction wastes your time and filing fees.

5. Incomplete documentation. Showing up to a hearing without a signed lease, payment records, or copies of your notices weakens your case. Document everything from the beginning.

6. Retaliatory eviction. If a tenant recently complained to code enforcement or exercised a legal right, filing a dispossessory can be seen as retaliation — which is prohibited under Georgia law.

The Alternative: Sell the Property Instead

Here's something most landlord guides won't tell you: you don't have to evict. If you're dealing with problem tenants, mounting maintenance costs, and the stress of managing a rental property, there's another option — sell the property and move on entirely.

We hear it from landlords across metro Atlanta every week. After years of chasing rent, handling repairs, and navigating the legal system, they reach a breaking point. The dispossessory process is the final straw.

At Vlancia Home Buyers, we buy rental properties in the Atlanta area — including properties with tenants still in place. You don't have to evict first. You don't have to make repairs. You don't have to deal with showings while a hostile tenant is living in the unit.

Here's how it works:

• We buy the property as-is with the tenant in place. The eviction becomes our responsibility, not yours.
• We close in as little as 7 to 14 days with our Fast Cash option, or we can take the Maximum Value (Hybrid) route — where we handle renovations and sell for full retail, putting more money in your pocket.
• No commissions, no agent fees, no closing costs on your side.
• You walk away clean — no more tenant headaches, no more court dates, no more midnight maintenance calls.

Tired landlords account for over half of the homeowners we work with. We understand the frustration, and we give you a straightforward way out. Learn more about our process here.

Know Your Options Before You File

Filing a dispossessory in Georgia is a manageable process, but it takes time, money, and patience — especially if the tenant fights it. Before you start down that road, make sure it's the right move. If your goal is to get the tenant out so you can sell the property anyway, you may be better off skipping the eviction entirely and selling now.

If you're a Georgia landlord weighing your options, call us at (404) 490-1526 or request a free, no-obligation cash offer online. We'll give you a straightforward assessment of what your property is worth — tenant or no tenant — and let you decide what makes sense.

No pressure. No games. Just an honest conversation between a local, family-owned company and a landlord who deserves a break.