Facing Eviction in Georgia: What Can I Do?
This page covers what happens after a Georgia landlord asks you to leave or files an eviction case. It covers the notice for unpaid rent, paying to stop the case, answering the court papers, the hearing, removal and appeal.
-
Self-help evictions, where a landlord removes a tenant without going to court, are illegal in Georgia, even if the tenant violated the lease. A Georgia landlord must first go through the court process called dispossessory (eviction).
✓ Sources checked October 3, 2026
-
Reasons a Georgia tenant can be evicted include: not paying rent, failing to move out when the lease expires or ends, or violating the lease.
✓ Sources checked October 3, 2026
-
A Georgia landlord must give the tenant a written notice to pay the back rent and fees. The notice must come at least 3 business days before the landlord files an eviction case. The rule covers leases entered into or renewed on or after July 1, 2024. The landlord can use any delivery method in the lease. The landlord can also post the notice in a sealed envelope on the door.
Georgia General Assembly, HB 404 (2024) as passed HB 404 Section 6 (applicability) Georgia Department of Community Affairs, Georgia Landlord-Tenant Handbook (revised 8-29-24) Evictions: Eviction Notice✓ Sources checked October 3, 2026
-
If a Georgia landlord tries to evict for unpaid rent, the tenant can “tender” (offer to pay) the rent and fees owed, plus court costs. The tenant has 7 days once the eviction case is served. If the money owed is paid, the landlord cannot evict. The tenant may use the tender defense with the same landlord only once in a 12-month period.
✓ Sources checked October 3, 2026
-
The landlord's court papers (summons) are most often served by attaching them to the door and mailing a copy by first class mail. Serving by door and mail is only acceptable if no one was at home when the sheriff tried to provide personal service.
✓ Sources checked October 3, 2026
-
A Georgia eviction summons should require the tenant to respond, orally or in writing, within 7 days from the date of service. If day 7 is a Saturday, Sunday or legal holiday, the answer must be filed on the next day that is not one of those.
✓ Sources checked October 3, 2026
-
In a Georgia eviction case, the answer must contain any defenses against eviction. It must contain any counterclaims (claims against the landlord for not meeting a landlord's duties). A tenant who leaves them out may not be able to raise them later in court.
✓ Sources checked October 3, 2026
-
In Georgia, the tenant is served with the eviction case. If it cannot be decided within 2 weeks of that day, the tenant must pay the court the past rent owed. The tenant must also pay future rent as it becomes due. Not paying will result in an eviction.
✓ Sources checked October 3, 2026
-
A Georgia tenant cannot appeal a default judgment (the court's final decision, entered because the tenant did not respond). A tenant who fails to respond to the eviction notice will not get a chance to undo it.
✓ Sources checked October 3, 2026
-
A Georgia court may issue a writ of possession (the order that makes a tenant move). Then the sheriff generally watches over the landlord's removal of a tenant who refuses to leave. The landlord pays the cost of eviction.
✓ Sources checked October 3, 2026
-
In Georgia, a judgment (the court's final decision in your case) may be entered in the landlord's favor. After that, the tenant can still be removed even if the tenant pays the landlord.
✓ Sources checked October 3, 2026
-
A Georgia tenant can appeal within 7 days from the date the judgment (the court's final decision in your case) was entered. To file an appeal, the tenant must pay court costs or get a court order that costs are not owed. A tenant who cannot afford costs can file a “pauper’s affidavit” (a sworn paper saying so).
✓ Sources checked October 3, 2026
-
In Georgia, an appeal stops a writ of possession (the order to move out) from being carried out. To keep living in the unit during the appeal, the tenant must pay the court all rent and fees due under the judge's order. A tenant who cannot pay can still appeal but must leave the unit.
✓ Sources checked October 3, 2026
-
Georgia law presumes (starts by assuming) a landlord is getting back at you. This is when the landlord files an eviction case within 3 months of your protected action. Asking the landlord to repair the property is one protected action, under certain conditions. To overcome this, the landlord must show a lawful reason that is not getting back at you. Being behind on rent is one.
✓ Sources checked October 3, 2026
Is something on this page wrong or out of date? Tell us.