How to evict a tenant
- 1. Confirm you actually have grounds
- 2. Give the required notice
- 3. File in the correct court
- 4. Get the tenant served
- 5. The answer period and the hearing
- 6. Judgment is not possession
- 7. The setout
1. Confirm you actually have grounds
Non-payment, lease violation, or holding over after the lease ends are the usual grounds. What counts, and what notice each one requires, is set by your state and sometimes your city.
2. Give the required notice
Most states require written notice before you can file — a demand for possession, a pay-or-quit notice, or a cure-or-quit notice depending on the grounds. The required period varies by state. Deliver it in a way you can prove later; an undocumented notice is the most common reason a case collapses at the hearing.
3. File in the correct court
You file in the court that covers the property's location — not where you live and not where your management company sits. In Georgia that is the magistrate court of the property's county, and the case is called a dispossessory.
4. Get the tenant served
Nothing moves until the tenant is served. The response clock runs from service, not from filing. This is where cases stall most often.
5. The answer period and the hearing
The tenant gets a set period to respond — in Georgia, seven days from service. If they answer, the case goes on the court's calendar. If they don't, it can proceed by default.
6. Judgment is not possession
Winning gets you a judgment. Getting the property back takes a separate court order — a writ of possession — applied for after judgment and executed by the sheriff or, in some counties, a marshal.
7. The setout
On the scheduled day the officer attends, the unit is cleared, and the locks are changed. Document everything before, during and after.
The short version
- You cannot lock a tenant out or remove their belongings yourself — that is illegal in every state
- Notice requirements and periods are set by your state; get them right or the case fails
- The clock runs from service, not from filing
- A judgment is not possession — you need a writ
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We handle cases directly in Georgia and can point you in the right direction elsewhere.
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Landlord eviction checklist
The pre-filing checks that prevent most rejections. One page, free.
Common questions
Can I evict a tenant without going to court?
No. Every state requires a court process. Locking a tenant out, shutting off utilities or removing belongings without a court order is illegal self-help and exposes you to damages that often exceed the rent you were owed.
How long does an eviction take?
It depends on your state, your court's calendar and whether the tenant contests. Some stages are fixed by statute and some are logistics you control. Anyone giving you a guaranteed number of days without knowing your county is guessing.
Do I need a lawyer to evict a tenant?
Not always. Uncontested non-payment cases are routine. If the case is contested, involves a counterclaim, or raises habitability or discrimination issues, get a licensed attorney in your state.
What's the difference between a judgment and a writ?
A judgment says you won. A writ of possession is the separate court order that lets law enforcement actually put you back in the property. You have to apply for it — it isn't automatic.
Stop reading, start moving
If the property is in Georgia we can handle it end to end. If it isn't, we'll point you the right way.