Atlanta Eviction Court Steps 2026–27: How a Dispossessory Case Works in Fulton County
In Georgia, an eviction is called a dispossessory case. In most of Atlanta it's filed in Fulton County Magistrate Court. The timeline is short: you have 7 days to file an answer after you're served, and 7 days to appeal if you lose. If you miss the first deadline, the landlord can ask for a writ of possession without a hearing.
This guide walks through each step in Fulton County, the defenses you should know about, and where to get free legal help in metro Atlanta.
Last checked October 2026. This is general information, not legal advice. Part of Atlanta is in DeKalb County, where DeKalb Magistrate Court hears cases. Check the county on your court papers.
Step 1: The Demand for Possession or 3-Day Notice
A landlord must demand possession before filing a dispossessory case.
For unpaid rent, Georgia's Safe at Home Act (HB 404, effective July 1, 2024) added a requirement. Before filing, the landlord must give you a notice to vacate or pay all past-due rent, late fees, utilities, and other charges within three business days. Under O.C.G.A. 44-7-50, the notice must be posted in a sealed envelope on your door, and also delivered any other way your lease says.
The Act's notice rule applies to residential leases entered into or renewed on or after July 1, 2024.
Note: Georgia's code shows a revised version of this section taking effect January 1, 2027. Ask legal aid how it may affect your case if you get a notice after that date.
Self-help evictions are illegal. Fulton County Magistrate Court says a landlord can remove you or your belongings only through the dispossessory process. A landlord who evicts without a court order can be sued for damages. A landlord who cuts off utilities may face misdemeanor prosecution under O.C.G.A. 44-7-14.1.
Step 2: You're Served With the Dispossessory Affidavit
If you don't pay or move, the landlord can file a Dispossessory Affidavit in the county where the property is located. The landlord is responsible for service, usually by the sheriff or marshal.
The sheriff must try to serve you personally or serve an adult who lives there. If that fails, the officer can post the papers on your door and mail a copy the same day. Georgia Legal Services notes that with this "tack and mail" service, the court generally can't enter a money judgment against you unless you file an answer. It can still order you out.
Step 3: File Your Answer Within 7 Days
This is the deadline that matters most. Fulton County Magistrate Court says you have seven (7) days from service to file an answer. If you don't, the landlord can ask the judge to sign a writ of possession.
Weekends and holidays: If day 7 falls on a weekend or legal holiday when the court is closed, you can file by the close of the next business day.
Late answers: The court says you can file a late answer, but it won't stop the landlord from presenting a writ of possession to a judge.
Oral answers: Georgia Legal Services says that if you can't write, you can answer orally, and the clerk will write it down for you to sign.
Where to file in Fulton: Fulton County Courthouse, 185 Central Avenue SW, Atlanta, GA 30303, phone 404-613-5360, Monday to Friday, 8:30 a.m. to 5 p.m. The court also offers e-filing and a free Guide and File program that walks you through drafting an answer. E-filing may carry a fee.
What to put in your answer: any defenses and claims, such as:
You paid, or offered to pay, the rent
The landlord didn't give the required notice
The landlord failed to make repairs
You can also file a counterclaim. Fulton says counterclaims over $15,000 may be transferred to a higher court.
The Tender Defense: Paying to Stop the Case
Georgia Legal Services explains that if your case is for unpaid rent, you may be able to stop it by paying everything the landlord claims is due plus court costs within seven days of being served. That amount should appear on your summons. A landlord has to accept this kind of payment only once in 12 months.
If you tender, still file an answer stating that you offered payment and whether it was accepted. If a judge finds that the landlord wrongly refused your tender, the judge can order the landlord to accept it. If you can't pay it all, call the City of Atlanta's eviction diversion program or legal aid right away.
Step 4: The Hearing
Fulton County Magistrate Court says that when you file an answer, you get a court date for the following week. You're told the date when you file, and the court mails the landlord a copy.
Bring:
Everyone with direct knowledge of the facts
Your lease, rent receipts, and bank records
Texts, emails, and letters with your landlord
Photos and repair bills showing problems
Rent while you wait: The landlord can ask the court to order you to pay rent into the court registry until the hearing. Fulton has a standing order on these motions and a response form. If the court orders payments, make them on time.
Repairs and Your Rights
Fulton's FAQ explains that after you give the landlord reasonable notice of a defect, and the landlord fails to repair it within a reasonable time, you may make reasonable repairs and deduct the cost from rent, or sue for damages.
Put your requests in writing, keep receipts, use licensed workers if you can, and only make needed repairs, not upgrades. Get legal advice first, since getting this wrong can lead to an eviction for unpaid rent.
Step 5: If You Lose, You Have 7 Days to Appeal
Georgia Legal Services says you have seven days from the judgment to appeal. If you don't, the landlord can have you removed no earlier than the 8th day after the trial.
To stay in your home during the appeal:
At the time you appeal, pay the court any rent the judge ordered you to pay the landlord.
Keep paying rent into the court registry every month as it comes due. Fulton says an appeal stops an eviction only if you comply with the court's order to pay rent into the registry every month.
Appeal costs: You'll owe a filing fee, but you can ask for a pauper's affidavit if you can't afford it.
Appeals go to State or Superior Court, which are more complex. Get a lawyer if you can.
Free Legal Help and Rent Help in Metro Atlanta
Atlanta Legal Aid Society: Fulton County office at 54 Ellis St. NE, Atlanta, 404-524-5811; DeKalb 404-377-0701; Clayton 404-669-0233; Cobb 770-528-2565; Gwinnett 678-376-4545
City of Atlanta Eviction Diversion: Linked from Fulton Magistrate Court's resource list
Fulton County Magistrate Court Tenant Pamphlet: On the court's Landlord-Tenant page
Frequently Asked Questions
How long does an eviction take in Atlanta?
If you file an answer, the hearing is usually set for the following week. If you lose and don't appeal, you can be removed as early as the 8th day after the judgment.
Can my landlord lock me out or shut off my utilities?
No. Fulton County Magistrate Court says removal is legal only through the dispossessory process. Cutting off utilities can be a crime.
I missed the 7-day answer deadline. What now?
File an answer anyway and call legal aid immediately. A late answer won't stop the landlord from asking for a writ, but legal aid may know of other options.
Will the eviction show up on my credit report?
Fulton's FAQ includes this question. Ask the clerk or legal aid how judgments are reported in your case.
My lease started before July 2024. Does the 3-day notice rule apply?
The Safe at Home Act applies to leases entered into or renewed on or after July 1, 2024. Many leases have renewed since then, so ask legal aid.
This guide is general information, not legal advice.
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