Georgia Statewide Rule

Georgia Eviction Notice Requirements

Some RestrictionsApplies statewide across Georgia (2026)

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: September 5, 2026

Summary

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.

In all cases when a tenant fails to pay the rent, late fees, utilities, or other charges owed to the landlord when it becomes due, if the tenant refuses to pay the amount due or fails to deliver possession when so demanded after being provided with a notice to vacate or pay all past due rent, late fees, utilities, and other charges owed to the landlord within three business days, the owner or the agent, attorney at law, or attorney in fact of such owner may immediately go before the judge of the superior court, the judge of the state court, or the clerk or deputy clerk of either court, or the judge or the clerk or deputy clerk of any other court with jurisdiction over the subject matter, or a magistrate in the district where the land lies and make an affidavit under oath to the facts.

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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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