2025 Eviction Process in Georgia: Laws for Landlords & Owners

Evictions can be a challenging and emotional process for both landlords and tenants. Understanding the laws and procedures is essential to ensure the process is handled legally and fairly. In Georgia, recent legislative updates have introduced new requirements for landlords, making it crucial to stay informed.

This guide provides a step-by-step overview of Georgia's eviction process, updated to reflect the latest laws as of 2025. Always consult your local justice court for specific procedures to avoid mistakes and ensure compliance.

Key Updates for Georgia Evictions in 2025

• 3-Day Notice to Quit: Required for nonpayment of rent, giving tenants three business days to pay overdue rent or vacate.
• 3-Day Notice to Comply or Vacate: Required for lease violations, giving tenants a chance to remedy the issue.
• 60-Day Notice to Vacate: Required for non-renewal of month-to-month leases.

Reasons for Eviction in Georgia

1. Failure to Pay Rent

Rent is typically considered late one day past its due date unless a grace period is specified in the lease agreement. Landlords must now issue a 3-Day Notice to Quit for nonpayment of rent, giving tenants three business days to pay the overdue rent or vacate the property. If the tenant does not comply within this period, the landlord may proceed with eviction filings.

Reference: GA Code § 44-7-50

2. Violation of the Lease Agreement

Lease agreements must be upheld by both parties for the duration of the tenancy. Common violations include:

• Damaging the property
• Unauthorized pets
• Excessive noise or disturbances
• Smoking in non-smoking areas
• Criminal activities, such as theft or violence
• Staying longer than indicated on the lease
• Engaging in criminal activity

Landlords may issue a 3-Day Notice to Comply or Vacate, allowing tenants to remedy the violation. If the violation is not corrected, the landlord can move forward with the eviction process.

3. Non-Renewal of Lease

When a lease term ends, landlords may choose not to renew it. For tenants on a month-to-month lease, landlords must provide a 60-Day Notice to Vacate. For fixed-term leases, no notice is required if the tenant’s stay extends beyond the agreed term without renewal.

Reference: GA Code § 44-7-7

Step-by-Step Eviction Process in Georgia

Step 1: Provide Notice

The eviction process begins with the appropriate notice:

• 3-Day Notice to Quit for nonpayment of rent
• 3-Day Notice to Comply or Vacate for lease violations
• 60-Day Notice to Vacate for non-renewal of a month-to-month lease

Ensure the notice is clear and complies with Georgia’s legal requirements.

Step 2: File a Complaint

If the tenant does not comply with the notice, landlords can file for eviction at the local justice court. This involves:

1. Completing an affidavit
2. Paying a filing fee (typically $60-$75, depending on the court)

Step 3: Serve the Tenant

A court official or sheriff will deliver the Summons and Affidavit to the tenant using one of the following methods:

• Personal Service: Delivered directly to the tenant
• Substituted Service: Delivered to an adult residing at the property
• Posting and Mailing: Documents are mailed and posted visibly at the rental property

Step 4: Await Tenant Response

Tenants have 7 days to respond to the Summons and Affidavit. They can:

• Written Response: Submitted to the court outlining their defense
• Verbal Response: Recorded as a transcript at the court

If no response is received, the court may rule in favor of the landlord by default.

Step 5: Attend the Hearing

If the tenant disputes the eviction, the court will schedule a hearing. Landlords must present:

• The lease agreement
• Proof of violations (e.g., photos, videos, correspondence)
• Payment records (if applicable)

Step 6: Obtain a Writ of Possession

If the court rules in favor of the landlord, a Writ of Possession will be issued no less than 7 days after the judgment. This document grants the landlord legal possession of the property.

Step 7: Reclaim the Property

Tenants must vacate the property within 7 days of the Writ of Possession issuance. If they fail to do so, court officials will oversee the removal process. Landlords are not required to store or return any belongings left behind by the tenant.

Georgia Eviction Timeline (2025)

<table style="width:100%"><tr><th>Stage</th><th>Timeline</th><th>Key Points</th></tr><tr><td>Initial Notice Period</td><td>3 days to 60 days</td><td>Based on the reason for eviction and lease type</td></tr><tr><td>Filing and Serving Notice</td><td>7 days</td><td>Tenant must respond or comply within this timeframe</td></tr><tr><td>Writ of Possession</td><td>7 days after judgment</td><td>Tenant must vacate within 7 days</td></tr></table>

Tips for Landlords

• Keep Detailed Records: Maintain organized documentation, including lease agreements, payment records, and correspondence. This will support your case in court.
• Use Property Management Software: Platforms like DoorLoop can streamline your record-keeping and ensure compliance with Georgia’s landlord-tenant laws.
• Consult Legal Counsel: Evictions can be complex. Seek advice from an attorney to navigate the process smoothly.‍

‍Conclusion

Navigating the eviction process in Georgia requires careful attention to legal requirements and procedural steps. By staying informed about recent legislative updates and following the appropriate process, landlords can protect their rights while ensuring fairness for tenants.

Always prioritize clear communication, thorough documentation, and compliance with Georgia’s laws to avoid complications. For additional resources and guidance, explore DoorLoop’s comprehensive landlord tools and legal guides.

Download the Landlord’s Guide to Eviction Laws Whitepaper