How long does an eviction take in Atlanta?
For unpaid rent in Fulton County, expect about 4 weeks from notice to lockout under Georgia's deadlines, or 2.5 to 10 weeks if it's contested. Cases go to Magistrate Court of Fulton County (dispossessory); Fulton County Marshal enforces. Atlanta addresses in DeKalb County file in DeKalb Magistrate Court.
Not legal advice. Estimates from public sources, checked Oct 17, 2026. Laws vary by county and city; talk to a local attorney before you act.
The Atlanta eviction timeline
These deadlines come from Georgia law, as on the Georgia page; we found no separate city notice period for nonpayment. City rules and court backlogs are below.
- 1
Notice to pay or leave
4 days3 business days (about 4 calendar days) to pay all past-due rent, late fees, utilities and other charges or move out; the notice must be posted in a sealed envelope on the door (O.C.G.A. § 44-7-50(c)-(d), leases entered into or renewed on or after July 1, 2024)
- 2
File and get a judgment
8–30 days · typical 147 days after service to answer; if no answer, landlord can request the writ on day 8
- 3
Judgment to lockout
7–14 days (upper end is our model default)Writ of possession takes effect 7 days after judgment; the landlord must apply within 30 days (O.C.G.A. § 44-7-55). The sheriff/marshal's scheduling time is not set by statute
- 4
If the tenant appeals
7-day window7 days to appeal; to stay in the unit the tenant must pay the judgment and ongoing rent into the court registry
Real-world court wait: we found no official or reputable statistic for this court, so the timeline is a rule-based estimate. unverified
Can the tenant pay and stay? Tenant may tender rent and costs after the case is filed (limits apply). official source Source ↗
What an eviction costs in Atlanta
Local court and marshal fees, plus national lawyer estimates. The calculator above adds them to your lost rent.
Court filing fee
Fulton County Magistrate Court$60Fulton County Magistrate Court dispossessory filing $60 (plus $35 marshal service and $8 per extra defendant)
Serving the tenant
Fulton County Marshal$35Fulton County marshal service of the dispossessory $35; $8 per extra defendant
Sheriff or marshal lockout
Fulton County$75Writ of possession / eviction $75 (Fulton County Magistrate Court); the landlord must arrange removal of the tenant's belongings
Lawyer, uncontested case
National estimate$500–$1,500Flat fees commonly charged when the tenant doesn't fight it. Not specific to this city; big-city rates run higher.
Lawyer, contested case
National estimate$2,000–$5,000+When the tenant contests the case. Not specific to this city.
Median gross rent
Census ACS 2024, 1-year$1,765/moAtlanta median gross rent, ±$41; Atlanta-Sandy Springs-Roswell metro: $1,770 (±$16); Cook County $1,810 (±$29). The calculator starts here; change it to your rent.
City and state rules that change the answer
Each rule is tagged with whether it comes from city or state law.
Just-cause eviction rules: No state law
None statewide found in the sources we checked
Rent control or stabilization: No city law
Georgia bars counties and cities from regulating private rents (O.C.G.A. § 44-7-19)
Right to counsel for tenants: No city law
Not a legal right: the City funds the Atlanta Volunteer Lawyers Foundation's Access to Legal Counsel eviction-defense program for eligible residents (Resolution 25-R-3223, adopted Apr 21, 2025)
Seasonal or weather limits: No state law
None statewide found in the sources we checked
Required mediation or pre-filing program: No state law
None statewide found in the sources we checked
Relocation payments (no-fault evictions): No city law
None found in the city and state sources we checked
Local rules landlords often miss
Writ application: wait the 7-day answer/appeal period, apply within 60 days of the judgment, and bring an Affidavit of Non-Military Service if the tenant didn't answer
Writ application: wait the 7-day answer/appeal period, apply within 60 days of the judgment, and bring an Affidavit of Non-Military Service if the tenant didn't answer; the Marshal's office then calls to schedule the eviction.
The 3-business-day notice to pay or vacate must be posted in a sealed envelope on the door, plus any delivery method the lease adds (O.C.G.A. § 44-7-50(d))
The 3-business-day notice to pay or vacate must be posted in a sealed envelope on the door, plus any delivery method the lease adds (O.C.G.A. § 44-7-50(d)).
Atlanta scores 79 out of 100
Same formula as the state score, with city and state protections counted together. The statewide Georgia score is 79.
Atlanta eviction FAQ
How long does an eviction take in Atlanta?
For unpaid rent, about 4 weeks from notice to lockout, with a range of roughly 2.5 to 10 weeks, based on Georgia's notice and court deadlines. We found no official statistic on actual court wait times here, so this is a rule-based estimate.
How much does it cost to file an eviction in Atlanta?
The court filing fee is $60 (Fulton County Magistrate Court). The sheriff or marshal lockout fee is $75 (Fulton County). Serving the tenant costs $35. Lawyer fees are extra (national rough estimate $500-$1,500 uncontested).
How much does it cost to evict a tenant in Atlanta?
A typical uncontested nonpayment eviction in Atlanta costs a landlord roughly $2,300 to $3,300: about 4 weeks of lost rent at the median rent of $1,765/month (about $1,600), court and service fees of about $170-$170, and lawyer fees of about $500-$1,500 (a national estimate). A contested case running about 10 weeks can pass $6,200. These are EvictionMath estimates (Census ACS 2024 rent); they leave out rent owed before the notice, turnover and re-rent time.
What tenant protections apply in Atlanta?
We found no just-cause, rent-control or right-to-counsel rules.
Can a tenant in Atlanta stop the eviction by paying?
Tenant may tender rent and costs after the case is filed (limits apply).
What local rule do landlords in Atlanta often miss?
Writ application: wait the 7-day answer/appeal period, apply within 60 days of the judgment, and bring an Affidavit of Non-Military Service if the tenant didn't answer; the Marshal's office then calls to schedule the eviction.
Sources and last-checked dates
Not yet verified for Atlanta: court wait, state post judgment max. Fields we couldn't source are labeled unverified, never guessed. Download the data: cities.json · cities.csv.
- Notice periodofficial sourcelaw.justia.com ↗
- Notice period (backup)secondary sourcenolo.com ↗
- Court deadlinesofficial sourcelaw.justia.com ↗
- Judgment to lockoutofficial sourcelaw.justia.com ↗
- Appealofficial sourcelaw.justia.com ↗
- Filing feeofficial sourcemagistratefulton.org ↗
- Service feeofficial sourcemagistratefulton.org ↗
- Lockout feeofficial sourcemagistratefulton.org ↗
- Lockout fee (backup)secondary sourcemagistratefulton.org ↗
- Right to cureofficial sourcelaw.justia.com ↗
- Rent controlofficial sourcelaw.justia.com ↗
- Right to counselofficial sourceatlantacityga.iqm2.com ↗
- Median rentofficial sourcewww2.census.gov ↗
- Local ruleofficial sourcemagistratefulton.org ↗
- Local ruleofficial sourcelaw.justia.com ↗
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