Georgia uses the term “dispossessory” where most states say “eviction.” The proceeding’s purpose is restoring possession to the landlord. It is governed by O.C.G.A. ¬ß¬ß 44-7-49 through 44-7-59 and moves quickly ‚Äî uncontested, a landlord can go from demand to writ of possession in two to three weeks. But the process has requirements that, if missed, can restart the clock or produce a dismissal.**The Grounds**Georgia law recognizes four grounds: nonpayment of rent, holdover beyond the lease term, tenancy at sufferance (including a former owner remaining after foreclosure), and breach of another material term of the rental agreement ‚Äî whether the agreement is written or oral. The ground determines applicable notice requirements and affects available defenses. A landlord who files on the wrong ground, or fails to establish the stated ground at hearing, loses regardless of the tenant’s actual conduct. The ground must be stated in the affidavit and proven at any contested hearing.**Step One: The Demand for Possession**Before filing, the landlord must demand that the tenant surrender possession. Under ¬ß 44-7-50(a), the demand may be oral or written, and there is no statutory waiting period between demand and filing ‚Äî the landlord may go to court immediately upon refusal.For nonpayment cases under leases entered into or renewed on or after July 1, 2024, the Safe at Home Act added a pre-filing step. Under ¬ß 44-7-50(c) and (d), the landlord must post a written notice to pay or vacate in a sealed envelope conspicuously on the tenant’s door and allow three business days before filing. This requirement does not apply to leases predating July 1, 2024. Landlords with mixed portfolios must track which leases are subject to the new rule.**Step Two: Filing the Affidavit**If the tenant refuses to vacate, the landlord files a sworn dispossessory affidavit with the magistrate court in the county where the property is located, stating the ground for the action. The court issues a summons directed to the sheriff for service on the tenant.**Step Three: Service**The sheriff must personally serve the tenant with the summons and a copy of the affidavit. If personal service fails after a reasonable attempt, the sheriff may post a copy on the front door and mail another by first-class mail. Posted service is constructive and starts the answer clock, but personal service is preferred and harder to challenge.**Step Four: The Tenant’s Answer**Under ¬ß 44-7-51(b), the tenant has seven days from service to file a written or oral answer. All defenses must be raised in the answer ‚Äî tender of rent owed, habitability violations under the Safe at Home Act, retaliatory eviction under O.C.G.A. ¬ß 44-7-24, or procedural defects in the demand or filing.In a nonpayment case, a tenant who files an answer must simultaneously pay all rent claimed to be due into the registry of the court. Under ¬ß 44-7-53(a), failure to pay into the registry at the time of the answer risks immediate judgment for the landlord. If the matter is not resolved within two weeks of service, the tenant must continue paying accruing rent into the registry as it comes due. A tenant who stops paying into the registry at any point forfeits the right to remain.**Step Five: Default or Hearing**If the tenant does not answer within seven days, the landlord may appear to request a default judgment. Under ¬ß 44-7-53(a), the court then issues a writ of possession without further evidence or hearing.If the tenant answers, a contested hearing is scheduled. Both parties present evidence. A prevailing landlord receives a writ of possession and a money judgment for unpaid rent. A tenant who prevails on a habitability defense may receive rent abatement or a condition that repairs be made before possession is restored.**Step Six: The Writ of Possession**Under ¬ß 44-7-55(c), a writ of possession becomes effective seven days after judgment is entered, giving the tenant that period to vacate voluntarily. On day eight, the writ is enforceable. Execution ‚Äî the physical put-out ‚Äî is performed by law enforcement. In larger metro counties, scheduling a put-out can add two to five additional weeks. The 2024 legislation permitted sheriffs to publish lists of approved off-duty deputies available for hire to execute put-outs, intended to reduce that backlog.**Self-Help Is Not an Option**Georgia law does not permit self-help eviction. A landlord who changes locks, removes a tenant’s belongings, shuts off utilities, or otherwise forces a tenant out without a writ of possession is liable for actual damages and, where the conduct is willful or malicious, may face additional exposure for attorney’s fees. The dispossessory process exists precisely to prevent that conduct. Following it completely ‚Äî demand, three-day notice where applicable, filing, service, judgment, writ ‚Äî is both the legal requirement and the landlord’s protection against a wrongful eviction claim.
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