How long does it take to evict a tenant in Georgia?

Filing to judgment is typically 3 to 6 weeks in metro Atlanta. The slow part is the set-out: county-scheduled set-outs run 10 to 16 weeks after the writ of possession is issued, while an Expedited+ Service crew is typically scheduled within 2 weeks after court.

Do I need a lawyer to evict a tenant in Georgia?

No. Georgia Magistrate Court is designed for self-represented parties, and property owners can file a dispossessory affidavit themselves. In uncontested cases an authorized representative can appear on your behalf.

How much does it cost to evict a tenant in Georgia?

Court filing fees run about $60 to $85 depending on the county, with service of process around $50 to $75 per tenant and writ fees of $30 to $50. The larger cost is lost rent while waiting on the county set-out calendar.

How many days notice do you need to evict in Georgia?

For non-payment of rent, Georgia requires a demand for rent that is refused, with no statutory waiting period afterward — you can file immediately. Lease violations and holdovers follow the notice period written into the lease.

Can a landlord remove a tenant's belongings in Georgia?

Not on your own. Self-help evictions — lockouts, utility shutoffs, or removing belongings — are illegal in Georgia. Only a sheriff or marshal can execute a writ of possession, with a labor crew moving belongings to the curb.

How to Evict a Tenant in Georgia (2026 Step-by-Step Guide)

The complete Georgia eviction process for 2026 — demand for rent, dispossessory filing, magistrate court hearing, writ of possession, and the set-out. Costs, timelines, and forms explained in plain English.

This is the full Georgia eviction process, start to finish, written for legal and property management teams. Georgia calls an eviction a dispossessory proceeding, and it runs in five stages: demand for rent, filing, service and answer, hearing and judgment, then the writ of possession and set-out. Your counsel should determine legal strategy and representation requirements.

Step 1: Make a demand for possession (or rent)

Under O.C.G.A. § 44-7-50, you must demand possession before you can file. For non-payment, that means demanding the past-due rent and being refused. The demand can be verbal, but a written, dated demand letter is far easier to prove in court — and judges look for it. Georgia has no statutory waiting period after the demand for non-payment cases, so you can file the same day the demand is refused. Lease-violation and holdover cases follow whatever notice period the lease requires.

What most landlords get wrong here

Accepting partial rent after the demand — this can restart the process
Changing locks, shutting off power, or removing belongings yourself (illegal self-help in Georgia)
Filing without documenting the demand at all

Step 2: File the dispossessory affidavit at Magistrate Court

You file in the Magistrate Court of the county where the property sits. The dispossessory affidavit states who owns the property, who the tenant is, why possession is demanded, and how much rent is owed. Filing fees in metro Atlanta counties run roughly $60 to $85, plus service costs of about $50 to $75 per tenant named. Filed before the county cutoff (we file same day when received before noon), your case is on the docket the same day.

Metro Atlanta magistrate courts

Fulton County — 185 Central Ave SW, Atlanta
DeKalb County — 556 N McDonough St, Decatur
Cobb County — 32 Waddell St, Marietta
Gwinnett County — 75 Langley Dr, Lawrenceville
Clayton County — 9151 Tara Blvd, Jonesboro

Step 3: Service and the 7-day answer window

The marshal or sheriff serves the tenant personally, or by tack-and-mail if nobody is home. The tenant then has 7 days to answer. If no answer is filed, you can request a default writ of possession — this is the fastest possible outcome, often inside two weeks of filing. If the tenant answers, the court sets a hearing.

Step 4: The hearing and judgment

Hearings are typically scheduled 10 to 21 days after the answer, depending on county docket load. Bring the lease, the ledger of payments, your written demand, and any texts or emails with the tenant. If you win, the court grants a judgment for possession and often a money judgment for unpaid rent. In an uncontested case, an authorized representative can appear for you.

Step 5: The writ of possession and the set-out

After judgment the tenant has 7 days to vacate or appeal. If they stay, you request the writ of possession. Only the sheriff or marshal can enforce it — and this is where Georgia evictions actually stall. In metro Atlanta counties, the county-scheduled set-out currently runs 10 to 16 weeks after the writ is issued. At $1,800 a month in rent, that backlog quietly costs $4,000 to $6,600 per unit.

Our Expedited+ Service set-out crews are typically scheduled within 2 weeks after your court date instead. Room-only set-outs start at $395 flat, and every crew includes 60 minutes on site plus a 30-minute courtesy setup window.

Full Georgia eviction timeline

Demand for possession — same day to 7 days depending on lease
Dispossessory filing — same day if filed before the county cutoff
Service on tenant — 1 to 5 days
Tenant answer window — 7 days
Hearing — 10 to 21 days after answer
Writ of possession — 7 days after judgment
Set-out — 10 to 16 weeks on the county calendar, or typically within 2 weeks with Expedited+

What it costs

Doing it yourself: roughly $150 to $250 in court and service fees, plus your time at two or more courthouse visits and the cost of every week you wait. Full-service means we send the demand letter, file the dispossessory, appear at the hearing, pull the writ, and put the set-out crew on the calendar — one servicing relationship alongside your counsel.

Call (877) 206-1716 for a flat quote on your county and property type, or start online and we can file today.