How do I get someone out of my house in Georgia?
Asked by: Jadyn Labadie | Last update: July 17, 2026Score: 4.5/5 (13 votes)
To evict someone from your house in Georgia, you must follow the legal dispossessory process. This involves demanding possession, filing a dispossessory affidavit in magistrate court, and obtaining a writ of possession. Self-help evictions—like changing locks, shutting off utilities, or removing belongings—are illegal and can result in legal action against you.
Can I kick someone out of my house in Georgia?
The eviction process in Georgia typically involves providing the tenant with a written notice to vacate. The required notice period may vary depending on the circumstances and the type of tenancy, but it is often 60 days for month-to-month tenancies.
How do I get someone out of my house who refuses to leave?
“In California, for example, if they're paying rent and you want them out, they may be entitled to 30 days' notice. If they're there for more than one year, it's 60 days' notice. And every time you accept rent, the clock starts again,” he says.
How to legally evict someone from your home in Georgia?
The person(s) filing the eviction must complete a Dispossessory Proceeding form. The Plaintiff(s) must list the tenant's name(s), address, and the reason for eviction. In addition, if the Plaintiff(s) is/are making a demand for money, the exact amounts must be listed.
How long does it take to evict someone from your house in Georgia?
The eviction process in Georgia typically takes 1 to 3 months, making it one of the faster processes in the U.S. After a lawsuit is filed and a judgment is granted, tenants usually have only 7 days to vacate or appeal. If they do not, a writ of possession allows the sheriff to conduct a lockout.
Family disputes Georgia Power over home amid data center plans
What's the quickest way to get someone out of your house?
Steps
- Serve them an eviction notice asking them to leave in 30 days or less. ...
- File for an official tenant eviction order with your local courts. ...
- Attend the court hearing to receive a judgment. ...
- Change the locks after the guest leaves or is escorted away.
How much does it cost to evict someone in the state of Georgia?
The average cost of filing an eviction in Georgia, which includes all filing, court, and service fees, is typically around $181. This cost can vary depending on the county's initial filing fee.
Can I kick someone out of my house if there is no contract?
Evicting a squatter, like evicting a tenant, requires sending an Eviction Notice. If the squatter refuses to leave, you may need to file an eviction lawsuit. If you win the case, you may still need to ask the local police or sheriff to remove the squatter, if they do not leave voluntarily after the case.
What is the new eviction law in Georgia?
As of 2026, Georgia's "Safe at Home Act" (HB 404) has significantly changed evictions, now requiring landlords to provide a mandatory 3-day notice for nonpayment of rent before filing in court. The law also limits security deposits to a maximum of two months' rent, mandates that rental properties be fit for human habitation, and requires a 60-day notice to end month-to-month leases.
Can a tenant be evicted immediately?
A landlord must provide the tenant with written notice of the eviction. Firstly, it is important to note that a landlord cannot evict a tenant without following the proper legal procedures.
How to evict a freeloader?
If a lodger in California refuses to leave after 30 days, they can be kicked out without going through a court-ordered eviction process, because after the 30-day mark, they are officially trespassing. At this point, you could call the police.
Can I call the police if someone refuses to leave my house?
If your guest is not a tenant, and they won't leave your home, that can be considered trespassing. You can call the police, but it can be hard to prove to the police that the person no longer has your permission to live there.
What is the fastest you can evict someone?
Eviction is a legal process a landlord uses to make you move out. To evict you, your landlord must give you a 3, 30, 60 or 90-day notice. If you get one of these, it's important that you take action, like pay the rent you owe, move out, or get legal help.
Can you evict someone without a lease in Georgia?
In the case of a family member without a specific lease term or on a month-to-month lease, you can issue a non-renewal notice anytime, as long as you provide the legally required notice period for them to vacate.
Can you use force to kick someone out of your house?
You can only use reasonable and proportionate force to defend yourself or protect your property. Using excessive force can lead to criminal trespassing or civil action against you, so always document what happened and contact the police department before taking physical action.
How to evict a tenant who has no tenancy agreement?
The process involves identifying the appropriate statutory grounds for possession and then issuing the correct notice. If the tenant does not leave, the next step is to apply to court for a possession order.
How long does it take to legally evict someone in Georgia?
The eviction process in Georgia typically takes 1 to 3 months, making it one of the faster processes in the U.S. After a lawsuit is filed and a judgment is granted, tenants usually have only 7 days to vacate or appeal. If they do not, a writ of possession allows the sheriff to conduct a lockout.
How to evict someone from your house in Georgia?
Step-by-Step Eviction Process in Georgia
- Landlord Serves an Eviction Notice. ...
- Landlord Files an Eviction Lawsuit with the Court. ...
- Court Serves Tenant the Summons. ...
- Tenant Files an Answer. ...
- Landlord and Tenant Attend Court Hearing and Receive Judgment. ...
- Tenant Gets Seven Days to Move Out and/or Appeal the Judgment.
What is the 7 day eviction notice in Georgia?
Once a tenant has been served with the Landlord-Tenant (Dispossessory) Affidavit, the tenant has seven (7) days from the date of service to file an answer with our court. If the tenant does not file an answer an eviction may be requested on the eighth (8th) day.
How to respectfully kick someone out of your house?
How to Politely Ask a Friend or Relative to Leave Your House
- Step 1: Get Clear on Why You Want Them to Leave. ...
- Step 2: Have a Calm and Direct Conversation. ...
- Step 3: Give a Clear Deadline. ...
- Step 4: Be Honest, Not Harsh. ...
- Step 5: Offer Support (If You Can) ...
- Step 6: Stay Firm and Consistent. ...
- Step 7: Know the Risk to the Relationship.
Why do police not remove squatters?
Although trespassing is a criminal offense, most state governments treat squatter removal as a landlord–tenant eviction—i.e., civil—dispute. Law enforcement often tells property owners to file an eviction case and refuse to remove squatters so that officers avoid violence, legal mess, or additional work.
How do you get rid of someone who won't move out?
If you have anyone who is not a tenant who won't leave, a friend who you allowed to stay for a while, or family member, or an ex, or whoever it might be, you should give them a notice to vacate after at least five days. If they don't leave within the timeframe, you can file an eviction action with the court.
What is a hardship stay of eviction in Georgia?
To qualify for an eviction hardship extension, tenants must demonstrate that their financial hardship is due to circumstances such as medical bills, layoff notices, or other hardships that impact their ability to make timely rent payments.
Who pays the cost of eviction?
If your landlord wins you'll usually have to pay the costs of your landlord going to court. If the court decides you should pay the costs, you'll usually have to pay them within 14 days of the court hearing.
What are legal reasons for eviction in Georgia?
According to eviction laws, Georgia landlords can evict a tenant for a variety of reasons, including failure to pay rent, violation of the lease agreement, or non-renewal of the lease after the rental period ends.