Before a tenant can be evicted, the landlord must send them a notice to quit and post it on the property. In Georgia, the grounds for eviction are failure to pay rent or not vacating the premises after a lease has expired or been terminated.

• Immediate Notice to Quit for Non-Payment
• 30/60-Day Notice to Terminate Month-to-Month Tenancy

If the tenant does not comply with the notice to quit, they must send a Demand for Possession notice ordering the tenant to leave the property before they can file a dispossessory action.

If the tenant fails to leave the property before the notice period expires, the landlord can demand possession by completing a Dispossessory Affidavit. This form should be filed with the magistrate court in the county where the property is located.

A copy of the Affidavit must be delivered to the tenant by the county sheriff or any law enforcement officer. If the documents cannot be handed directly to the tenant, they can be delivered to a competent adult who resides in the rental unit. Otherwise, they will have to post them in a conspicuous place on the property and send a copy by first-class mail to the property.

If the landlord is evicting a tenant for failure to pay rent, the tenant has seven days after receiving the Affidavit to pay the landlord late rent, fees, and any filing costs. Making the full payment means the tenant can stay on the property.

If this is the second time the tenant has failed to pay rent in a 12-month period after a dispossessory summons was served, the landlord is not required to accept payment and the tenant can be evicted.

The tenant has seven days to file an answer to the affidavit either orally or in writing (Dispossessory Answer (SAMPLE)). Failure to answer in time will allow the landlord to file an Application and Order for Default Writ of Possession and force the tenant to move out.

If the Answer states a valid defense, the court will hold a hearing. The landlord and tenant will both be given the opportunity to make statements to the judge in order to plead their case.

Judgment in favor of the tenant will allow them to remain on the property. If the landlord wins the case, they’ll file a Writ of Possession that will demand that the tenant vacate within seven days and pay any rent owed.

A sheriff may be ordered to supervise the landlord’s removal of the tenant and their property from the premises.