Does Atlanta have its own eviction rules?
No. Atlanta has no just-cause ordinance, no relocation payment rule and no city notice that must be served before you file. Georgia law bars any county or city from regulating the amount of rent on private residential property, under O.C.G.A. 44-7-19, so rent control is off the table too.
That leaves the state statute doing almost all the work. City officials have focused on money and referrals instead of new landlord duties, which is why the local programs further down this page matter more than any code section.
The state steps in one paragraph
Since the Safe at Home Act took effect for leases entered or renewed on or after July 1, 2024, you post a written notice to pay or vacate within three business days on the unit door in a sealed envelope, plus any delivery method your lease adds. Then you swear out a dispossessory affidavit, the tenant is served and has seven days to answer, a default brings a writ, and a contested case goes to hearing. Our Georgia eviction process guide covers each step, the rent tender defense and appeal rules in detail.
Fulton or DeKalb: which court hears your Atlanta case?
The case goes to the county where the building sits. Most of Atlanta lies in Fulton County, but neighborhoods on the east side fall in DeKalb, so check the parcel before you draft anything. A Georgia dispossessory can be filed in magistrate court or in state court in either county; magistrate court is the usual choice for owners filing on their own or through counsel for nonpayment.
Picking the right county is not a formality. Each county has its own clerk, its own e-filing account setup and its own marshal, and a case in the wrong county gets you nowhere.
Filing in Fulton County Magistrate Court
Fulton County Magistrate Court sits in the Justice Center Tower at 185 Central Avenue SW, with the clerk in Suite TG-100, open weekdays from 8:30 a.m. to 5:00 p.m. Filing is electronic through Odyssey eFileGA. The court’s landlord pamphlet says the public terminals at the clerk’s office let you e-file for free, while e-filing from elsewhere carries a vendor fee.
The court also offers a free form generator for the dispossessory affidavit. Make sure the names and the unit address match your lease and notice exactly, because the writ request later has to match the affidavit word for word.
- Answer window: the tenant must e-file an answer within seven days of service.
- No answer: the pamphlet says you may request removal on the eighth day.
- Answer filed: the court sets a hearing and notifies you by mail.
- Hearing day: free mediation is offered on site, and the case manager calls the calendar before court starts. Miss the call and your case can be dismissed.
- Judgment for possession: the order gives the tenant seven days to vacate, a period the judge cannot change.
Getting the writ in Fulton
After the seven days, you apply for the writ of possession with the case number, the $20 application fee (no personal checks) and an email address. If the tenant never answered, attach a notarized affidavit of non-military service, which is the Servicemembers Civil Relief Act step that protects your default.
Watch the clock on stale orders. If the writ was signed more than 60 days before you ask for execution, Fulton requires you to refile and certify that the information is still true. State law separately says you must apply to execute within 30 days after the writ issues or show good cause, so build both dates into your calendar.
How the Fulton County Marshal schedules a lockout
In Fulton, the Marshal’s Department executes dispossessory writs, and a deputy marshal calls you to set the date. Writs are handled in the order received, and the department asks for 48 hours to return calls and emails.
The department expects you to bring the labor. Its eviction page says five or more able-bodied people are usually needed, and you must tell the deputy which eviction company or crew you are using. Mark the unit with its full, correct street address before service, and tell the deputy right away if the tenant pays or moves out, so the slot goes to someone else.
Filing and enforcing in DeKalb County
DeKalb accepts dispossessory filings in magistrate court or state court for property inside the county. The DeKalb County Marshal’s Office serves the papers and executes writs from both courts, and the plaintiff supplies the labor to remove belongings. The State Court clerk lists a dispossessory filing fee of $234, including service, with extra charges for additional defendants and $10 to file each writ plus $75 to execute it.
Scheduling is by phone. The DeKalb marshal tells owners to allow two business days for the writ to reach its office, then call 404-371-2930 between 8:30 a.m. and 4:30 p.m. Evictions must be scheduled within 30 days of the writ’s issuance.
- Crew: enough labor to remove items safely, usually at least five workers, or a hired eviction company.
- Entry: a pass key or locksmith on site.
- Belongings: placed on the nearest right-of-way, which for apartments means the nearest parking space.
- Vehicles: a wrecker service of your choice, at your expense.
- Afterward: the deputy posts a criminal trespass warning, items left are treated as abandoned under O.C.G.A. 44-7-55, and you change the locks the same day.
When the marshal can’t get to you: the off-duty officer route
If the marshal can’t execute the writ within 14 days of your request, O.C.G.A. 44-7-55(e) lets you hire a certified off-duty officer at your own expense, after five calendar days’ written notice to the marshal. DeKalb has written procedures for it. Its 14 days run from the date the judge signs the writ, you file the off-duty application in person at 556 N. McDonough Street, Suite G-10, in Decatur at least five days before the planned execution, and you bring a government ID.
Once DeKalb hands you a copy of the writ, the marshal gives up authority over its execution, and you or the officer must file the return with the clerk. The marshal keeps a public list of approved off-duty officers that you can request for free in electronic form. Fulton owners can use the same statute; ask the Marshal’s Department how it wants the notice delivered.
Atlanta programs that can settle a case before court
The City of Atlanta funds an eviction diversion program that pays rental assistance straight to landlords, up to $7,000 per household, aimed at resolving disputes before an eviction notice goes out. Tenants must live in the city, show hardship and earn at or below 60% of area median income, with priority for seniors 65 and older, single parents with children in Atlanta Public Schools and renters under 25. The city approved $2 million in 2024 to keep the program running through its nonprofit partner, Star-C.
The city’s Housing Help Center, opened in 2023 on the ground floor of the Two Peachtree tower downtown, refers residents to rental assistance and legal aid. For an owner, the practical move is to put both resources in your late-rent letter. A paid ledger beats a writ, and Atlanta tenants who can raise the full amount plus the warrant cost can end your case once in 12 months anyway.
Worked example: one unit through Fulton magistrate court
Assume a one-bedroom renting for $1,725 a month in a 30-unit building in southwest Atlanta, inside Fulton County. Rent is due Wednesday, September 1, 2027. You post the notice Thursday, September 2. Labor Day falls on Monday, September 6, so the three business days are September 3, 7 and 8, and the notice runs out Wednesday, September 8.
You e-file Thursday, September 9, and the tenant is served Monday, September 13. No answer comes by Monday, September 20, so on Tuesday, September 21, the eighth day, you apply for the writ, 20 days after rent was due. At $56.71 a day ($1,725 × 12 ÷ 365), the unit has cost $1,134.25 in rent by then.
From there, the marshal’s calendar decides the total. We assume an $850 attorney fee, a $600 eviction crew and the $20 writ fee. Each extra week in the queue adds $396.99.
| Lockout date | Days after rent was due | Lost rent | With fee, crew and writ fee |
|---|---|---|---|
| Tuesday, September 28 | 27 | $1,531.23 | $3,001.23 |
| Tuesday, October 5 | 34 | $1,928.22 | $3,398.22 |
| Tuesday, October 12 | 41 | $2,325.21 | $3,795.21 |
What this means for owners of 5+ unit buildings in Atlanta
Volume changes the math. Metro Atlanta has one of the highest eviction filing rates in the country, so magistrate court calendars and marshal queues are crowded, and a building with several late units can carry three or four cases at once, each on its own clock.
Keep a standing relationship with an eviction crew, a clean ledger for each unit and the lease delivery clause on file, because the notice and the writ request both get checked line by line. If you’re thinking about selling instead, an open dispossessory case doesn’t stop a sale. The buyer takes subject to the leases, and the contract should say who carries the case and who gets money paid into the registry.
Selling your Atlanta apartment building to Skyline
Skyline Capital Investments buys apartment buildings with five or more units in Atlanta and across metro Fulton and DeKalb, with tenants in place, any condition, including buildings with nonpaying units or cases already filed. Send the address and unit count through the form on this page or call (469) 660-2977. We typically respond within 48 hours.
