No landlord buys a rental property hoping they'll someday need to evict a tenant. But if you own rental property in Augusta, Evans, Grovetown, or anywhere in the CSRA, there's a real chance you'll face this situation at least once. When that day comes, knowing the legal process inside and out is the difference between resolving things in a few weeks and getting stuck in a costly, drawn-out mess.
Georgia's eviction process — formally called a dispossessory proceeding — is actually one of the faster systems in the country. But it's also one where cutting corners can backfire badly. Self-help evictions are illegal, and even small procedural mistakes can reset your timeline or expose you to liability.
Here's exactly how the process works, what it costs, and where landlords in the Augusta area most commonly trip up.
Before we get into the steps, you need to know about Georgia's Safe at Home Act (HB 404), which took effect on July 1, 2024. This law added a mandatory pre-filing notice requirement that didn't exist before.
If your tenant has failed to pay rent, late fees, utilities, or other charges owed under the lease, you're now required to provide a written notice to vacate or pay all amounts due. The tenant then gets three business days to either pay what they owe or surrender possession of the property.
This notice must be physically posted in a sealed envelope on the door of the property. If your lease specifies additional delivery methods, you should use those too.
The three-business-day requirement applies to all residential leases entered into or renewed on or after July 1, 2024. If you're managing property in Columbia County, Richmond County, or Aiken County, SC (which has its own rules — see our South Carolina landlord-tenant laws guide), this is a step you can't skip.
Important: The three-day clock counts business days, not calendar days. Weekends and holidays don't count. Document the date and time you posted the notice, and take a photo of it on the door for your records.
Under O.C.G.A. § 44-7-50, the landlord must demand that the tenant surrender possession of the property. While Georgia law doesn't strictly require this demand to be in writing, putting it in writing eliminates any dispute about whether it happened, when it happened, and what was said.
For non-payment of rent, this demand is now bundled with your Safe at Home Act notice. For other lease violations — unauthorized occupants, property damage, illegal activity — you still need to make a clear demand for possession before filing.
If you own rental property in Evans, Martinez, or Grovetown and you're self-managing, this is the step where many landlords make their first mistake: they skip the formal demand or do it verbally with no documentation. That can come back to haunt you in court.
If the tenant doesn't pay or vacate after your demand, the next step is filing a dispossessory affidavit with the magistrate court in the county where the property is located.
For properties in Augusta or Hephzibah, that's the Richmond County Magistrate Court. For rental homes in Evans, Grovetown, Martinez, Harlem, or Appling, you'll file at the Columbia County Magistrate Court.
The affidavit must state:
Filing fees vary by county but typically range from $60 to $75 in Georgia. You'll also pay a service fee — usually around $25 to $50 — for the court to have the tenant formally served. Budget approximately $75 to $125 total for the initial filing and service in most Augusta-area courts.
After you file, the court will have the tenant served with a copy of the dispossessory affidavit and a summons. Service can happen by:
The method depends on whether the process server can locate the tenant. Either way, the clock on the tenant's response period doesn't start until service is completed.
Once served, the tenant has seven days to file an answer with the court. This is where things can go one of two ways:
If the tenant doesn't respond: You can request a default judgment on the eighth day. This is the fastest path — if the tenant simply ignores the summons, you can often have a writ of possession issued without a hearing.
If the tenant does respond: The court will schedule a hearing. In Richmond County and Columbia County, hearings are typically set within 7 to 14 days after the tenant files their answer. At the hearing, both sides present their case to a magistrate judge.
Tenants can raise defenses — the most common being that the landlord failed to maintain the property in habitable condition (a defense strengthened by the Safe at Home Act's new habitability requirements) or that the eviction is retaliatory. Having thorough documentation of your maintenance history and lease compliance is critical here.
If the court rules in your favor, a writ of possession is issued. This is the legal order that authorizes law enforcement to physically remove the tenant from the property.
The writ becomes effective seven days after the judgment is entered, giving the tenant a final window to move out voluntarily. If the tenant still hasn't left after those seven days, you can request the sheriff or marshal to execute the writ and remove the tenant and their belongings.
From start to finish, a straightforward Georgia eviction typically takes 3 to 6 weeks:
An uncontested eviction where the tenant doesn't answer can wrap up in as few as 14 to 21 days after filing. A contested case with a hearing is more likely 4 to 6 weeks. If the tenant appeals to superior court, it can stretch considerably longer.
The total cost of a Georgia eviction depends heavily on whether you hire an attorney:
If you handle the filing yourself, you're looking at roughly $100 to $175 in court costs. With an attorney — which McBride Property Management strongly recommends for contested cases — total costs typically run $700 to $1,500 or more.
Either way, these costs are almost always less than the continued revenue loss from a non-paying tenant occupying your property for months.
Georgia law is clear: self-help evictions are illegal. That means you cannot:
Under O.C.G.A. § 44-7-14.1, knowingly and willfully shutting off a tenant's utilities before the final disposition of a dispossessory proceeding carries a penalty of up to $500. More importantly, a self-help eviction can give the tenant grounds to countersue you, and a judge will not look kindly on it.
Only a sheriff or marshal can legally execute an eviction in Georgia. There are no exceptions.
Georgia allows eviction for several reasons:
Non-payment of rent is the most common. If the tenant fails to pay rent when it's due, you can begin the process after delivering the required Safe at Home Act notice and waiting three business days.
Lease violations cover everything from unauthorized pets to subletting without permission. Your lease should clearly spell out what constitutes a violation, because vague lease terms make eviction harder to enforce.
Holdover tenancy applies when a lease has expired and the tenant refuses to leave. For month-to-month tenancies, Georgia requires 60 days' written notice before filing a dispossessory for holdover.
Criminal activity or property damage can also be grounds for eviction, though these cases often benefit from legal counsel.
One of the biggest reasons landlords in the Augusta area turn to professional management is eviction handling. At McBride Property Management, evictions are part of what we manage so you don't have to navigate the legal system on your own.
A professional property manager brings several advantages to the eviction process: thorough documentation from day one, proper notice delivery and tracking, familiarity with local magistrate court procedures in Richmond and Columbia Counties, and established relationships with local attorneys who handle landlord-tenant cases.
More importantly, strong tenant screening and proactive maintenance management reduce the likelihood you'll ever need to file in the first place. Prevention is always cheaper than eviction.
The best eviction strategy is not needing one. A few practices that reduce your risk:
Screen thoroughly. Verify income, check rental history, and contact previous landlords. A rigorous screening process catches most problems before they move in.
Use a strong lease. Your lease should clearly define rent due dates, grace periods, late fees, and what constitutes a violation. Ambiguity is the tenant's best defense in court.
Document everything. Every communication, every maintenance request, every payment (or missed payment) should be on record. If you end up in front of a magistrate judge, your documentation is your evidence.
Communicate early. When rent is late, reach out immediately. Many payment issues can be resolved with a conversation before they escalate to a legal proceeding.
Dealing with a difficult tenant situation on a rental property in Augusta, Evans, Grovetown, or anywhere in the CSRA? Noah McBride and the team at McBride Property Management can help you navigate the process or take it off your plate entirely. Call 706.701.5940 or reach out online to talk through your options.
McBride Property Management handles the details while you enjoy the returns.
Talk to our team about your property