In Georgia, a landlord cannot just change the locks or throw your things on the curb the day you miss a rent payment. They have to follow a court process called a “dispossessory,” and recent changes to the law added extra steps before most nonpayment cases can even be filed. Knowing that sequence helps both landlords and tenants avoid illegal “self‑help” and costly mistakes.## Step 1: Notice and Demand for PossessionEvery eviction starts with the landlord demanding the property back, called a “demand for possession.” The statute lets a landlord make this demand when a tenant is holding over after the lease, not paying rent, or otherwise violating the agreement.For **nonpayment of rent**, a 2024 law known as the Safe at Home Act added a clear rule: most landlords must now give a **3‑day written notice to pay or move out** before filing the eviction. That notice tells the tenant how much is owed and gives them three business days to catch up or surrender the unit. For **other lease violations**—like major rule breaches or illegal activity—Georgia law still requires a demand for possession, but does not set a fixed notice period, so many landlords send a short written “notice to vacate” before filing.If the tenant fixes the problem during the notice window (for example, by paying all past‑due rent), the landlord usually loses the right to go forward on that particular default.## Step 2: Filing the Dispossessory CaseIf the tenant does not pay or move out after the notice, the landlord’s next step is a dispossessory case in court. In most residential situations, that means **magistrate court** in the county where the property sits, using a sworn **Dispossessory Affidavit**.The affidavit must state: – That the tenant is in possession of the property. – Why the landlord wants possession (nonpayment, holdover after lease, or another specific violation).- That the landlord made the required demand for possession and the tenant refused.Once filed, the court issues a **summons**, and the sheriff or marshal serves it on the tenant, either personally, by leaving it with someone who lives in the unit, or, if nobody can be found, by tacking it to the door and mailing a copy.## Step 3: The Tenant’s Answer and HearingAfter service, the tenant has **7 days from the date of service** to file an **answer** with the court. The answer can be a short statement disputing the landlord’s claims, or it can raise specific defenses and counterclaims, such as improper notice, rent that was actually paid, or serious repair and code problems.If the tenant **does not answer in time**, the court can issue a **default judgment** and grant a writ of possession to the landlord without a hearing. If the tenant **does answer**, the court sets a hearing date, often within a few weeks, where both sides present their story, documents, and witnesses. Georgia magistrate courts move quickly, and judges expect basics like leases, payment records, photos, texts, and repair letters.At the hearing, the judge decides whether the landlord is entitled to possession and, if so, how much back rent or other charges the tenant owes. The court can also consider defenses—like retaliatory eviction or major housing‑code violations—that may reduce or eliminate what is owed.## Step 4: Writ of Possession and Sheriff LockoutWinning in court does not let a landlord personally remove a tenant. Georgia requires a **writ of possession**, which is a court order telling the sheriff or marshal to put the landlord back in possession. If the tenant never answered, the writ can issue “instanter,” meaning right away under the dispossessory statutes.If the tenant appeared and lost at the hearing, they typically have **7 days after judgment** to move out or file an appeal. When there is no appeal and the tenant stays, the landlord asks the sheriff to execute the writ. The sheriff schedules the lockout, comes to the property, and supervises removing the tenant and their belongings from the premises. In busy counties, there can be a short wait before the sheriff gets to the property.Throughout this process, landlords **cannot** use self‑help. They may not change locks, shut off utilities, remove doors, or intimidate tenants into leaving without going through dispossessory court and the sheriff. Doing so can expose the landlord to damages and attorney’s fees for wrongful eviction.## Practical Tips for Both SidesFor landlords, the safest approach is to treat eviction as a checklist: – Serve the right **notice** (including the 3‑day nonpayment notice where required).- Document the **demand for possession** in writing. – File a proper **dispossessory affidavit** only after the notice period expires.- Let the sheriff handle the lockout; do not improvise your own.For tenants, the most important move is to **act quickly** once you get court papers. Filing even a brief answer within 7 days preserves your chance to be heard and may buy time to pay, negotiate, or raise repair and code issues.Reaching a written payment plan or move‑out agreement and having the landlord dismiss the case is usually better than ignoring the lawsuit and ending up with an eviction judgment on your record.Handled correctly, Georgia’s eviction process gives both sides clear steps instead of surprises: a defined notice period, a fast but real court hearing, and a sheriff‑supervised move‑out if things cannot be resolved.
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