How long does a Georgia eviction take in 2026?

If your tenant has stopped paying, the first question is almost always the same: how long is this going to take? The honest answer for Georgia in 2026 is roughly three to eight weeks for an uncontested nonpayment case — and longer if the tenant answers, the court calendar is crowded, or service goes wrong.

Here is where that time actually goes.

Step 1: The demand for possession (day 0)

Georgia law requires you to demand possession of the property before you file anything — O.C.G.A. § 44-7-50 [verify]. The statute doesn't set a fixed waiting period, but the demand has to be real: a clear statement that the tenant must pay or move out, delivered in a way you can prove. Many Georgia landlords give a seven-day window as a practical standard, and that's the timeline FileMyCase's demand letter uses.

Step 2: Filing the dispossessory affidavit (day 7–10)

Once the demand period runs out, you file a dispossessory affidavit in the magistrate court of the county where the property sits. Filing fees vary by county — commonly $60–$75 plus a service fee per tenant [verify]. The clerk issues a summons, and the sheriff or marshal serves the tenant.

Step 3: The tenant's 7-day answer window (day 10–20)

After service, the tenant has seven days to answer — O.C.G.A. § 44-7-51 [verify]. This is the fork in the road:

• No answer: you can ask for a default judgment and a writ of possession. This is the fast path.
• Answer filed: the court sets a hearing, usually within a week or two depending on the county's calendar.

Step 4: Hearing and judgment (week 3–5)

At the hearing, the judge hears both sides. In a straightforward nonpayment case where the rent genuinely wasn't paid and the paperwork is clean, hearings are short. One thing to know: in a tenant's first nonpayment case, Georgia law generally lets them stop the eviction by paying everything owed plus court costs into the registry [verify].

Step 5: Writ of possession (week 4–8)

If you win, the court issues a writ of possession — typically effective seven days after judgment [verify] — and the sheriff schedules the actual move-out. Sheriff scheduling is the least predictable part of the whole timeline; in busy metro counties it can add a week or more.

1. Demand for possession delivered — day 0
2. Dispossessory affidavit filed — about day 7–10
3. Tenant served; 7-day answer clock runs — day 10–20
4. Default judgment or hearing — week 3–5
5. Writ of possession executed — week 4–8

What makes it slower

Bad service addresses, an answering tenant with defenses, counterclaims, county calendar backlogs, and any error in your notice or affidavit. The single biggest self-inflicted delay we see is paperwork rejected by the clerk for technical defects — wrong county, missing demand, unsigned affidavit.

This article is legal information, not legal advice. Statute references are tagged [verify] pending review by a licensed Georgia attorney.