Georgia Statewide Rule

Georgia Eviction Notice Requirements

Some RestrictionsApplies statewide across Georgia (2026)

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.

Key Facts

First step: Demand for possession (§ 44-7-50)
Nonpayment pre-filing notice: 3 business days to pay or vacate (HB 404, eff. 7/1/2024)
Tenant answer period: 7 days from service (§ 44-7-51)
Self-help eviction: Prohibited; court writ of possession required

Last verified: 2026-06-27

Full Breakdown

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.

Violations & Penalties

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.

Frequently Asked Questions

How does eviction start in Georgia?

With a demand for possession under O.C.G.A. § 44-7-50. For nonpayment on leases entered or renewed on or after July 1, 2024, the Safe at Home Act (HB 404) requires a written notice first giving the tenant at least 3 business days to pay or vacate before the landlord files the dispossessory.

How long does a Georgia tenant have to answer an eviction?

Seven days from the date of actual service under O.C.G.A. § 44-7-51. If the seventh day falls on a Saturday, Sunday, or legal holiday, the deadline moves to the next business day. Failing to answer can lead to a writ of possession.

Can a Georgia landlord evict without going to court?

No. Georgia requires the dispossessory court process, and only a court-issued writ of possession removes a tenant. Self-help measures such as changing locks or shutting off utilities are unlawful and expose the landlord to damages.

Sources

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