The eviction process, step by step
- Grounds
- Notice
- Filing
- Service
- Response period
- Hearing or default
- Judgment
- Writ and setout
Grounds
Non-payment, lease violation, or holdover. Each carries different notice requirements.
Notice
Written, delivered provably, for the period your state requires.
Filing
In the court covering the property's location, with the correct parties and a ledger that reconciles to the amount claimed.
Service
The tenant must be served. The response clock starts here.
Response period
Statutory. In Georgia, seven days from service.
Hearing or default
If they answer, you get a court date. If they don't, the case can move by default.
Judgment
You win possession and usually a money judgment. You do not yet have the property.
Writ and setout
Apply for the writ, get an execution date, have crew, officer and locksmith ready, document everything, secure the unit.
The short version
- The order matters and cannot be shortcut
- Most failures happen in the first three stages
- Most lost time happens in service and writ scheduling
Tell us where the property is
We handle cases directly in Georgia and can point you in the right direction elsewhere.
Need help with a real case?
Tell us where the property is and where the case stands.
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.