How to Respond to an Eviction Notice in Georgia
Getting served is frightening, and the clock is real. But the single most common reason tenants lose is the simplest one: they never respond, so the court rules against them automatically. You are not there yet. In Georgia you can still answer, get a hearing, and tell your side. Here is the order to do it in — and the one step you should not put off.
⚠️ Confirm your deadline with your court before you rely on any date — including ours.
Eviction dates are short and are counted differently depending on how you were served and your local court's rules. This is self-help information, not legal advice, and DepositHawk is not a law firm. If you can, contact free local legal aid or the Legal Services Corporation today.
Want this laid out for your case, step by step?
The Eviction Response Kit walks you through your Georgia deadline (as a reference to confirm with your court), the filing steps, and a link to your court's own official form — so you can respond the same day. It is self-help information and tools, not legal advice, and we never file for you.
See the Georgia Eviction Response Kit•The Clock
Your Response Window in Georgia
In Georgia, a tenant generally has 7 calendar days (every day counts) to respond to an eviction after actual service of the dispossessory summons/affidavit. Treat that as a general guide, not your personal countdown — service method and local rules can change it.
The clock generally starts from actual service of the dispossessory summons/affidavit. We show this window so you understand roughly how much time you have — but it is a general guide, not a countdown to bet your home on. Read your own papers and call the court to pin down the exact date.
Why you have to verify: O.C.G.A. § 44-7-51(b): the summons commands the tenant to answer 'either orally or in writing within seven days from the date of the actual service' of the dispossessory affidavit. The 7 days are calendar days, BUT with a statutory weekend/holiday roll-over: 'unless the seventh day is a Saturday, a Sunday, or a legal holiday, in which case the answer may be made on the next day which is not a Saturday, a Sunday, or a legal holiday.' (Encoded as basis 'calendar' with the roll-over described here, because the count itself is calendar days even though the LAST day can shift.) The clock runs from ACTUAL service, which can lag filing. The last day to answer is required to be stated on the summons — the user MUST read that date and confirm it with the magistrate court. Missing the 7-day answer allows the landlord to seek a writ of possession on the 8th day.
Sources: O.C.G.A. § 44-7-51(b); Fulton County Magistrate Court: Landlord-Tenant (Dispossessory)
•The Notice
The Notice You Received — What It Usually Means in Georgia
A landlord usually has to serve a written notice before filing in court. The type of notice and the time it gives you depend on why they are evicting. These are the common Georgia notices — for your information, not advice on your specific case.
Demand for Possession (Notice to Vacate)(3 court days (weekends and court holidays do not count))
Georgia requires the landlord to demand possession before filing a dispossessory affidavit. For residential leases entered into or renewed on or after July 1, 2024 (Safe at Home Act / HB 404), a nonpayment demand must give the tenant 3 business days to pay all amounts owed or vacate.
•The Response
Filing Your Response in Georgia, Step by Step
- Read your court papers carefully. Find the court name, your case number, and the date you must respond by or appear. In Georgia, eviction cases are heard in the Magistrate Court (or State/Superior Court) in the county where the property is located.
- Call the clerk and confirm your deadline today. Confirm the exact date and ask the clerk how they want your response submitted. This is the single most important step — do not put it off, because the rest only matters if you make the deadline.
- File your answer either in writing or orally, in person to the clerk. Georgia does not have a single statewide answer form. Respond either in writing or orally, in person to the clerk to the court that issued your papers, and ask the clerk exactly how they accept it.
- Keep proof that you filed. Get a stamped copy or a clerk's confirmation, and keep one for yourself. If you mail or e-file anything, save the confirmation. Proof that you responded on time is what protects you from losing by default.
•The Form
Where to Get the Official Answer in Georgia
Georgia does not publish a single statewide eviction answer form; the tenant responds either in writing or orally, in person to the clerk to the Magistrate Court (or State/Superior Court) in the county where the property is located that issued the papers.
We send you to the court's own source rather than drafting a court document for you — your facts and your decisions stay yours. Open the official page below, then file with the Magistrate Court (or State/Superior Court) in the county where the property is located.
Open the official Georgia court page →Fighting your landlord over a withheld deposit too? How to take your Georgia landlord to small claims court →
Need a lawyer instead of self-help? Find free local legal aid at LawHelp.org →
●Frequently Asked Questions
Frequently Asked Questions
How long do I have to respond to an eviction notice in Georgia?
In Georgia you generally have 7 calendar days (every day counts) to respond after actual service of the dispossessory summons/affidavit, under O.C.G.A. § 44-7-51(b). That is a general guide, not your personal countdown: how you were served, weekends, court holidays, and local rules all change the real date. Confirm it with the court named on your papers before you rely on it.
Which court handles my eviction in Georgia?
In Georgia, eviction cases are heard in the Magistrate Court (or State/Superior Court) in the county where the property is located. The court name and your case number are printed on the papers you were served — that is the court whose clerk you call to confirm your deadline and ask how to file your response.
Is there an official form to answer an eviction in Georgia?
Georgia does not publish a single statewide answer form. You respond either in writing or orally to the clerk at the court that issued your papers — ask the clerk exactly how they accept it.
What happens if I do nothing after being served?
Doing nothing is the most common way tenants lose. If you do not respond or appear by your deadline, the court can rule against you by default — meaning the landlord wins automatically, without you ever telling your side. Responding on time turns an automatic loss into a hearing where a judge actually hears you out.
Can DepositHawk give me legal advice or file my response for me?
No. DepositHawk is a self-help publisher, not a law firm. We explain the general process and point you to your court's own form, but we do not tell you which defense your case should raise, fill out your court papers, or file or appear for you. For advice on your specific situation, contact free legal aid at LawHelp.org or the Legal Services Corporation — and confirm every date with your court.
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DepositHawk is not a law firm and does not provide legal advice. Information and documents are for informational purposes only. No attorney-client relationship is created. Consult a licensed attorney for advice specific to your situation.