Georgia dispossessory procedure is codified at O.C.G.A. § 44-7-50 through § 44-7-59. It is a narrow, fast, and formal process designed to resolve possession of real property in days rather than months. The steps below walk through the statute as a court applies it.
Before a dispossessory affidavit can be filed, the landlord (or agent) must demand possession of the premises from the tenant. The demand may be oral or written, but it must be made and it must be refused or ignored. This is a jurisdictional prerequisite — not a formality.
Practitioners frequently refer to this step as the “3-day demand.” The statute does not prescribe a specific waiting period between demand and filing, but the working convention — used by both tenant counsel and landlord counsel — is to give the tenant a reasonable short window to respond before filing, often framed as three days. The label matters less than the act: a documented demand must have occurred before the clerk’s intake.
In practice, most landlords and counsel document the demand in writing and retain proof of delivery, because a contested case can turn on whether the demand occurred at all.
If the tenant does not vacate after demand, the landlord files a sworn dispossessory affidavit in the Magistrate Court of the county where the property is located (or, in some counties, State Court). The affidavit identifies the parties, the premises, the grounds (nonpayment, holdover, or breach of a lease term), and the amount of rent claimed, if any.
The filing initiates a summons that must be served on the tenant.
Service is carried out by a sheriff, marshal, or court-approved server — not by the landlord. Personal service is attempted first. If personal service cannot be accomplished after diligent effort, Georgia law authorizes "tack-and-mail" service: posting a copy of the summons on the door of the premises and mailing a copy to the tenant at the premises address.
Tack-and-mail service is sufficient for possession, but not for a money judgment. If the landlord seeks past-due rent or other money damages, personal service on the tenant is required.
Once served, the tenant has seven days to answer. The answer may be oral or written, and may be filed in person or by mail. The tenant can raise any legal or equitable defense, assert counterclaims, and demand a jury trial.
The seven-day period is strict. A tenant who does not answer in time is typically in default, and the landlord may obtain a writ of possession without further hearing.
If the tenant fails to answer, the landlord may apply for a writ of possession and, where personal service was effected, a money judgment for rent due. Default is common in dispossessory practice because the seven-day clock is not widely understood.
When the tenant answers, the Magistrate Court sets a hearing, often within two to three weeks of filing. Both sides present evidence of the lease, payment history, notice, service, and any defenses raised in the answer. Hearings are brief and record-based; preparation matters more than rhetoric.
If rent continues to come due during the pendency of the action, the court may require the tenant to pay rent into the court registry to avoid an interim writ under O.C.G.A. § 44-7-54.
After hearing, the court enters judgment for possession to the prevailing party. A money judgment for rent, late fees, or damages may accompany the possession judgment, but only where the tenant was personally served. A judgment against the tenant includes the right to a writ of possession and, where appropriate, an execution for rent owed.
A writ of possession generally will not issue for seven days after judgment, giving the losing party time to appeal. An appeal to State or Superior Court is available within seven days, with distinct requirements for supersedeas bond and continued payment of rent into the court.
If no appeal is filed and the tenant does not vacate, the sheriff or marshal executes the writ by removing the tenant and the tenant's personal property from the premises. Self-help eviction — changing locks, shutting off utilities, removing belongings — is unlawful in Georgia and exposes the landlord to damages.
A dispossessory judgment sits on the tenant's public court record and, depending on the county and the reporting channel, may appear in tenant-screening reports used by other landlords. Record-sealing and record-correction options exist but are narrow; they are addressed in the tenant practice note.
For landlords, post-judgment collection of the money award is a separate proceeding, typically a garnishment or post-judgment interrogatories under O.C.G.A. Title 18.
If you read only one section of this publication, read the demand and service stages above. The substantive merits of a Georgia dispossessory case are adjudicated quickly, but procedural defects at the front end — no demand, defective service, missing affidavit elements — survive through judgment and appeal, and they are the first thing both experienced tenant counsel and experienced landlord counsel examine.
Educational publication. This material is not legal advice and does not create an attorney-client relationship. Georgia landlord-tenant law and court procedure change; any reader facing a pending matter should consult qualified Georgia counsel before acting.