The Eviction Process in Georgia for Failure to Pay Rent

The process for moving from failure to pay rent to ejectment for residential leases is a multi-step process: 

Pay Rent. 

In most leases the rent is due on the first with a 5 day grace period. 

Pay or Quit Notice 

If a tenant fails to pay and the was entered into or renewed before July 1, 2024, the landlord must give three business days to pay.  The notice to pay or quit must be posted on the door in an envelope. The landlord must also comply with any lease notices. 

Court Filing - Dispossessory

If the tenant does not pay or quit, the landlord can start the dispossessory action by filing in the magistrate court (usually) a dispossessory affidavit. 

During this time, during the failure to pay rent case, the landlord cannot accept money, even partial payment.  However, the tenant should keep the money and not spend it. 

Tack and Mail or Service.

In these type cases, the tenant does not have to be personally served.  The court stamped dispossessory affidavit and summons can be placed on the door (tacked) and mailed. 

Answer and Counterclaim

The tenant will have 7 calendar days to respond with an answer (and counterclaim if appropriate). I recommend the tenant consult with an experienced tenant lawyer to discuss his or her rights, defenses, and claims.  However, if you cannot do so, file the answer to meet the deadline.

Writ for No Answer

If a tenant misses the deadline, the landlord can apply for a writ.  Once the judge signs it,  the Marshals/Sheriffs will be scheduled to come for ejectment day. 

Court Date

On your court date, be on time, have your exhibits printed, and have your witnesses ready. Phone evidence is often rejected because of the germs that are on phones.  Many judges don't want to touch phones.  I know I don't want to touch an opposing party's phone.

Once the docket has been called, you will be told to go out to speak with your opponent to exchange exhibits and to discuss settlement.  Some courts have mediators to discuss cases with parties in an effort to resolve them. 

Hearing - Order

After both sides argue their case, the judge will decide who wins and for how much. 

If the landlord wins, the tenant will have seven days to vacate or the landlord will apply for a writ. 

If the tenants win, they can stay until the lease runs our.

Ejectment 

If the landlord wins and the tenants don't vacate, the landlord will obtain a writ and schedule a date for the marshal/sheriff to come to the property to keep the peace while the movers eject the tenants. Each department has a certain number of people a landlord must have to move the tenant out of the premises and onto the lawn, sidewalk, or driveway.  After everything is out, the landlord should change the locks. 

 

What To Expect After You Receive A Pay or Quit Notice in Georgia

After you receive a pay or quit notice, you can pay and stay, fight the claim, or leave.  Unless the landlord releases you from the deliquent rent, you should expect a civil suit or collection action even if you leave within the time required in the notice. Other fees and rents may also accrue.

If you decide to stay and not pay by the deadline, expect the following:

- The landlord will file a dispossessory action.

- You will receive a copy of the affidavit  through personal service or tack and mail.

- You will have a 7 day deadline to file an answer and counterclaim.

- You can pay take advantage of the tender rule in rent cases by paying rent, fees, and court costs to the landlord before filing an answer. If the landlord refuses, that refusal should go in your answer.  If the landlord accepts full payment, still file a timely answer and include that payment in your answer.

- If you file your answer with the Court, the next step is to appear at a hearing. 

- Even if you settle with the landlord before court, check with the clerk's office to confirm the case has been removed from the docket.

- If the only issue is rent payment, personal emergencies (sickness, family death, job loss) are not defenses for non-payment.

- If you lose your first case, you can always file an appeal with State or Superior Court if you have a legitimate defense you believe was ignored by the court, or you believe evidence or witnesses you did not have in the lower court would have changed the outcome. That appeal must be filed within 7 days of the Court's judgment.