Georgia eviction (a 'dispossessory' action) starts with a demand for possession under O.C.G.A. § 44-7-50; for nonpayment, 2024's Safe at Home Act adds a written notice giving 3 business days to pay or vacate. After filing, § 44-7-51 gives the tenant 7 days from service to answer; only a court issues the writ.
Under O.C.G.A. § 44-7-50, when a tenant holds over, fails to pay rent when due, or refuses to surrender at-will possession, the owner makes a demand for possession; if the tenant 'refuses or fails to deliver possession,' the owner files a dispossessory affidavit in court. The Safe at Home Act (HB 404, effective July 1, 2024) amended § 44-7-50 to require, for nonpayment on leases entered or renewed on or after that date, written notice giving at least 3 business days to pay or vacate first. After filing, § 44-7-51 requires the tenant to answer 'within seven days from the date of the actual service.' Self-help is never allowed; only a court-issued writ removes a tenant.
No specific statutory penalty. A defective or premature filing — such as failing to make the demand for possession or, for covered leases, skipping the 3-business-day pay-or-vacate notice — can have the dispossessory dismissed. Self-help eviction (lockouts, utility shutoffs) exposes the landlord to civil liability for damages.
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Suwanee, GA
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