Eviction Process

Understanding the Atlanta Eviction Process for Property Owners: A Step-by-Step Guide

If you're a landlord or property manager in Atlanta, understanding the eviction process in Georgia is essential to protect your investment and comply with state laws. Below is a comprehensive overview of the legal eviction process for property owners in Atlanta, following Georgia eviction laws.

Step 1: Serve the Proper Eviction Notice to the Tenant

Before initiating an eviction, Atlanta landlords must provide written notice to the tenant based on the type of lease violation:

  • 3-Day Pay or Quit Notice (Non-Payment of Rent): If the tenant fails to pay rent, issue a 3-day notice demanding payment or vacating the property.

  • 7-Day Cure or Quit Notice (Lease Violations): For lease breaches (e.g., property damage or unauthorized occupants), give tenants a 7-day window to correct the issue or move out.

  • Unconditional Quit Notice: For serious violations such as illegal activity, landlords may demand immediate vacating without a chance to cure.

Step 2: File a Dispossessory Action in Fulton County Magistrate Court

If the tenant does not respond to the eviction notice, the next step is to file an eviction lawsuit (known as a Dispossessory Action) in the county’s Magistrate Court—typically Fulton County Magistrate Court for Atlanta properties.

Step 3: Legally Serve the Tenant with Court Documents

After filing, the court will issue a summons and complaint, which must be served to the tenant by a sheriff or certified process server. Tenants have 7 days to respond to avoid a default judgment.

Step 4: Attend the Eviction Hearing

If the tenant files a response, a court hearing will be scheduled. Landlords must present evidence such as lease agreements, non-payment records, and copies of all notices. If the court rules in favor of the landlord, the tenant will be ordered to vacate the property.

Step 5: Request a Writ of Possession

If the tenant does not leave voluntarily, landlords can request a Writ of Possession, which legally authorizes the sheriff to remove the tenant from the premises.

Step 6: Eviction Enforcement by the Sheriff

Only the sheriff has the authority to physically evict a tenant in Georgia. A date will be scheduled for the sheriff to remove the tenant and their belongings. Property owners cannot conduct the eviction themselves.

Important Considerations for Atlanta Landlords

  • Tenant Rights: Tenants can file an appeal within 7 days of judgment, which can delay the eviction process.

  • Abandoned Property: Landlords must follow legal procedures when handling any belongings left behind by tenants.

  • Legal Compliance: Failing to follow each step can result in delays or legal complications.

Need Help With an Eviction in Atlanta?

Navigating the Atlanta eviction process can be time-consuming and legally complex. Hiring a professional eviction service ensures every step is handled correctly, reducing delays and protecting your rights as a property owner.

Contact The Eviction Authority today to get expert help with evictions in the Atlanta metro area. We’ll handle the paperwork, filings, and sheriff coordination—so you don’t have to.