• Rent Grace Period: As described in the rental agreement.
• Non-Payment of Rent: Immediate notice.^[1]
• Non-Compliance: Immediate notice.^[1]
• Termination (Month-to-Month Lease): 60 days by landlord, 30 days by tenant.^[2]
• Eviction Lawsuit: Dispossessory Proceedings.^[3]

Utility Shutoff – It is unlawful for a landlord to willfully suspend a tenant’s utility services until the eviction has been approved by the court. Any landlord who violates this law can be fined up to $5,000.^[4]

Changing the Locks – The landlord is legally prohibited from evicting a tenant without going through dispossessory proceedings. That includes changing the locks without a court order.

Dispossessory Affidavit – This document is served on the tenant should they fail to comply with the Notice to Quit. It indicates that the landlord has filed with the court and that there is a lawsuit against the tenant.

Answer Form – The tenant may reply to the Dispossessory Warrant with an Answer Form defending their claim to stay on the premises. The GA Magistrate Council has not published a statewide form, but several counties have their own standardized versions. See, e.g., Fulton County Answer Form.

Writ of Possession – Should the judgment be in favor of the landlord, a Writ of Possession will be completed and delivered to the Sheriff requiring them to remove the tenant on the day indicated in the document.

Make sure you have read your lease carefully and abide by the notice and termination terms set forth therein. You will then either provide the tenant with an Immediate Day Notice of Quit (Non-Payment) or a Month-to-Month Notice to Quit.

If the tenant fails to respond to the notice, you are then entitled to file a dispossessory action in your Local Magistrate Court. The courts have the form you need to file – you must use the Dispossessory Affidavit. You will need to have your tenant’s name and address, the reason that you are seeking dispossession, and you will need to certify that you provided notice to your tenant to vacate the premises.

Filing fees vary by county. For example:

• Fulton County – $60^[5]
  
• Gwinnett County – $56^[6]
• Chatham County – $74^[7]
• Clayton County – $50^[8]
• Paulding County – $78^[9]

The dispossessory warrant will have to be served on the tenant by a sheriff or other approved state serving method.

The tenant will have seven days to respond with an Answer Form (tenant may use the Online Form Service to fill out). If the tenant does not respond, the landlord may obtain a Writ of Possession from the court to take back possession of the premises. Again, you will need to obtain from your local court. Once the landlord has a Writ of Possession signed by the court, he or she can have the sheriff remove the tenant.