Know your rights in Georgia

Plain-language answers about how evictions work in Georgia, what your landlord can and can't do, and your deadlines.

HomePath provides general legal information, not legal advice. If your situation is legally complex or time-sensitive, contact qualified legal assistance.

Atlanta Legal Aid SocietyFree help in Fulton, DeKalb, Cobb, Gwinnett & Clayton · 404-524-5811 GeorgiaLegalAid.orgFree guides and forms for tenants statewide

Before a case is filed: the notice

For unpaid rent, your landlord must give you written notice and a chance to pay or move before filing an eviction case in court.

For residential leases entered into or renewed on or after July 1, 2024, Georgia law requires a three-business-day pay-or-vacate notice before a nonpayment filing. Ask legal aid about your lease and any additional notice protections.
Read your lease — it may require more notice or a specific way of delivering it.
A notice is not an eviction. You cannot be legally removed without a court case.
Use this time: apply for assistance and offer your landlord a payment plan in writing.

Demand for possession:: The landlord asking you to leave the home, which must happen before they can file in court.

Sources:Georgia General Assembly — Official Code, 2025 supplement ,Georgia Department of Community Affairs

Georgia law: O.C.G.A. § 44-7-50 · Last reviewed Oct 10, 2026

Only a court can evict you

Your landlord can't force you out on their own — even if you're behind on rent.

Your landlord may not change the locks, remove your belongings, or shut off utilities to make you leave.
Removal requires court process and lawful execution of a writ; ask the court or legal aid about who may execute it and when.
If you're locked out illegally, call legal aid right away. You may also contact local police.

Sources:Georgia Legal Aid (GeorgiaLegalAid.org) ,Atlanta Legal Aid Society

Georgia law: O.C.G.A. §§ 44-7-14.1, 44-7-50, 44-7-55 · Last reviewed Oct 10, 2026

If you're served court papers: answer within 7 days

An eviction case in Georgia is called a dispossessory case. Once you're served, you generally have 7 days to file an answer with the magistrate court.

You can answer in writing or in person at the magistrate court in your county. Many courts also allow online filing.
In your answer, explain your side — for example, that you paid, offered to pay, the amount is wrong, or there are repair problems.
If you don't answer, the landlord can win by default without a hearing.
If the seventh day is a weekend or legal holiday, the answer deadline generally moves to the next qualifying day. Check the summons and court instructions; seek legal help immediately.

Dispossessory affidavit:: The landlord's sworn court filing asking to remove you from the home.
Plaintiff / Defendant:: The landlord is the plaintiff (who filed); you are the defendant (who answers).
Answer:: Your response to the court explaining your side.

Sources:Fulton Magistrate Court — Dispossessory ,Georgia Legal Aid (GeorgiaLegalAid.org)

Georgia law: O.C.G.A. § 44-7-51 · Last reviewed Oct 10, 2026

Paying what you owe within 7 days

If the case is only about unpaid rent, you may be able to end it by paying all rent owed plus court costs within 7 days of being served.

In general, the landlord must accept this full payment — but only once in a 12-month period.
Payment usually needs to cover all rent claimed, plus the landlord's filing costs (and late fees if the lease allows).
An assistance approval letter is not the same as payment. Ask legal aid about tender requirements and how to document an actual payment or refused offer.
Get a receipt and keep proof of everything you pay.

Tender:: Offering the full amount owed.

Sources:Georgia Legal Aid (GeorgiaLegalAid.org) ,Atlanta Legal Aid Society

Georgia law: O.C.G.A. § 44-7-52 · Last reviewed Oct 10, 2026

What happens at the hearing

A magistrate judge hears both sides and decides whether the landlord can take back the home and whether money is owed.

Arrive early and follow the court instructions. Missing a hearing risks an adverse judgment.
Bring your lease, rent receipts, notices, photos of repair problems, and messages with your landlord.
Ask whether your court offers mediation. Keep any proposed agreement in writing and ask legal aid to review it.
If the case continues or you appeal, the judge may order you to pay rent into the court as it comes due.

Consent agreement:: A written deal between you and your landlord, approved by the court.
Court registry:: An account where the court holds rent payments while the case is pending.

Sources:Fulton Magistrate Court — Dispossessory ,Atlanta Legal Aid Society

Georgia law: O.C.G.A. §§ 44-7-53, 44-7-54 · Last reviewed Oct 10, 2026

After a judgment: the writ of possession

If the judge rules for the landlord, the landlord can get a writ of possession — the court order that allows a sheriff or marshal to remove you.

After a contested judgment, the writ generally becomes effective after seven days. Default and other procedures can differ; do not assume you have seven additional days.
Dispossessory appeals generally have a seven-day filing window. Ask legal aid immediately about the petition-for-review procedure and rent payments required to remain during an appeal.
On move-out day, belongings left behind may be removed from the home, so plan where your things will go.
A judgment doesn't end your options — HomePath will help you plan a safe move and your next home.

Writ of possession:: A court order giving the landlord the right to have you removed from the home.

Sources:Georgia General Assembly — Official Code, 2025 supplement ,Fulton Magistrate Court — Petition for Review ,Fulton Magistrate Court — Dispossessory

Georgia law: O.C.G.A. §§ 44-7-55, 44-7-56 · Last reviewed Oct 10, 2026

Protection from retaliation and unsafe housing

Your landlord can't punish you for asking for repairs or reporting code violations.

Georgia law protects tenants who request repairs, report health or safety problems, or join a tenant organization.
The Safe at Home Act added habitability duties for covered residential leases entered into or renewed from July 1, 2024. Ask legal aid how repair and retaliation rules apply to your facts.
Keep repair records. Retaliation protections have conditions and exceptions; they do not automatically excuse unpaid rent or stop a case.

Sources:Georgia General Assembly — Official Code, 2025 supplement ,Georgia Department of Community Affairs

Georgia law: O.C.G.A. §§ 44-7-13, 44-7-24 · Last reviewed Oct 10, 2026

Your rental record and moving forward

An eviction filing can appear on tenant screening reports. How the case ends matters.

Ask legal aid whether a settlement could include dismissing the case, which may look better to future landlords.
You have the right to see what tenant screening companies report about you and to dispute mistakes.
Ask legal aid about the two-month security-deposit cap for covered residential leases entered into or renewed from July 1, 2024.

Sources:Georgia General Assembly — Official Code, 2025 supplement ,Georgia Legal Aid (GeorgiaLegalAid.org) ,Atlanta Legal Aid Society

Last reviewed Oct 10, 2026

If you need help right now

If you've been locked out, are about to lose housing tonight, or feel unsafe, there is help available today.

Contact United Way 2-1-1 or its online directory for current shelter and assistance referrals. Hours and placements vary; a referral does not reserve a bed.
In the City of Atlanta, Gateway Center (404-215-6600) is a front door to emergency housing.
If you are in danger, call 911.
If your landlord locked you out or removed your things without a court order, contact legal aid immediately.

Sources:United Way of Greater Atlanta 2-1-1 ,Atlanta Legal Aid Society

Last reviewed Oct 10, 2026