Evictions

Eviction FAQs*

• My landlord filed an eviction complaint against me. What should I do?

  Within 7 days after the County Marshal or a Process Servicer brings a copy of the eviction complaint to your home, you should file a response – which is known as an Answer – with the Court.

  The Answer is your opportunity to tell the Court why the landlord is not entitled to evict you.

  If you visit us at the Housing Court Assistance Center, we can help you file the Answer. You can find the form here. Mark any legal defenses that apply to your case.

  The Answer also has a section for you to raise any claims, which are called “counter” claims, against your landlord. Examples of counterclaims include failure to make repairs and breach of contract.

• Do I have to move out as soon as I receive an eviction complaint?

  No. A landlord can’t force you to move out unless the landlord receives permission from the Court.

  Before your landlord can get the Court’s permission, you will have a chance to file an Answer and have a hearing in front of a judge.

• What if my landlord failed to make repairs?

  If the landlord failed to make repairs, you can mark that as a defense and a counterclaim on your Answer. You should still continue paying rent in full.

• Do I have to come to Court for my hearing or is there an option to participate virtually?

  You can choose between an in-person hearing and a remote, online hearing through Zoom. (Zoom is a free program you can use on a phone or a computer to have a virtual hearing with the court.)

  You’ll receive a form in the mail that asks what type of hearing you would like. Select the type of hearing you feel most comfortable with.

• Do I have to stay at the property while the case is before the court?

  No. You can leave the property if you want, but you should make sure leaving the property isn’t a violation of the lease (if you have one).

  If you leave the property, you should:

  • Ask your landlord to dismiss the case
  • Give the Court a change of address
  • Remember to attend your hearing

• Is there a way for me to erase my case?

  In general, there is no way for you to erase or seal your eviction case in Georgia.  In limited cases, if the court finds there is good cause, the court may grant your request to limit access to your eviction record under Georgia Magistrate Court Rule 6(D). If you have questions about filing a motion to limit access, contact AVLF.

  Having an eviction does not affect your criminal record, but your case may show up on a background check or credit report.

• I’m month to month and I didn’t sign a lease agreement with my landlord. Is that illegal?

  No – it’s not illegal. In Georgia, you do not need a formal or written lease agreement to be a tenant.