Georgia Eviction Laws No Lease No Rent

If you’re wondering how to evict someone in Georgia without a lease and need clear advice on Georgia eviction laws no lease, no rent, this guide breaks down the process step by step.

Whether you’re removing a guest who overstayed their welcome or dealing with a non-paying tenant, you must understand Georgia’s tenant-at-will laws to avoid costly legal mistakes.

Georgia Eviction Laws No Lease No Rent

Whether you allowed a friend to stay temporarily or rented your property to a tenant without a written lease, Georgia law still sets clear rules for removing unwanted occupants.

Georgia eviction laws for no lease and no rent fall under Georgia Code § 44-7-50 and § 44-7-7, which lay out the rules for landlords who want to end these informal living arrangements.

Under Georgia law, when someone lives on your property without a written lease, they are considered a “tenant at will” and have certain legal rights.

To remove a tenant at will, you must issue the correct notice to quit followed by an eviction filing (dispossessory affidavit) with the court if they don’t move out.

Don’t attempt to remove the tenant or their possessions yourself—so-called “self-help evictions“ are illegal in Georgia, and you risk being sued if you do.

• You must give proper written notice to end the tenancy
• The notice period depends on the situation — sometimes 60 days, sometimes as little as 3 days
• If the tenant refuses to leave after the notice period, you must file a formal eviction case in court

Georgia law doesn’t let landlords just throw people out—even if there’s no lease agreement and no rent is being paid. Proper notice is always required, whether it’s 60 days, 7 days, or 3 days. You have to follow the right process.

Skipping this step could get your eviction case thrown out in court, forcing you to start all over again.

These rules are a little confusing though, so let’s look at 3 scenarios to make things clear.

3 Scenarios—Georgia Eviction Laws For No Lease No Rent

Scenario 1. You Want Your Property Back—No Lease, No Rent, No Issues

You let someone stay in your property as a favor— a relative, a friend, or even someone helping around the house—but now you need the space back. They haven’t done anything wrong, but you want them to move out.

In Georgia, to legally end this type of tenancy at will, you must give the tenant 60 days’ written notice to move out (Georgia Code § 44-7-7).

• The notice should be in writing and clearly state the move-out date
• If they don’t leave after those 60 days, you can demand possession (a formal written demand saying they need to leave right away)
• If they still refuse, you can file for eviction in court

Example: You let your brother stay in your property for a year. Now you want to use it yourself, rent it out, or sell it.

Your brother hasn’t damaged the property or caused any trouble. Even though there’s no lease and no rent, you still have to give him 60 days’ written notice to vacate.

If he refuses to leave after 60 days, you can formally demand possession and file for eviction.

Scenario 2. The Tenant Broke The Rules—Property Damage, Illegal Activity, Or Unauthorized Guests 

If the tenant (or guest you allowed to stay) is causing problems—damaging property, committing illegal acts, or letting other people move in without permission—you have the right to demand they leave immediately. 

• Under Georgia Code § 44-7-50, you can demand possession right away if there’s a valid cause
• Most Georgia courts expect you to follow the demand with a 3 to 7-day notice to leave before filing for eviction
• After the notice period, if they’re still there, you can go to court and file an eviction case

Example: Your cousin, who you let stay in your rental, throws loud parties and broke your windows. You can demand they leave right away, then file for eviction if they refuse after a few days.

Scenario 3. The Tenant Owes Rent (Even Without a Formal Lease)

If the person staying in your property was supposed to pay rent, but they’ve stopped paying, Georgia law is very clear—you must give them a 3-business-day notice to pay or move out (this is required under Georgia Code § 44-7-50(c)).

• If they don’t pay or leave within those 3 days, you can immediately file for eviction in court
• The notice must be posted on the property (taped to the door) and delivered by any method agreed to in the rental arrangement—even if that agreement was just verbal
• If they ignore the notice, you can file for eviction immediately

Example: You rented your basement to a coworker for $800 a month, but there’s no written lease. They’ve skipped 2 months of rent. You can serve a 3-day notice to pay or move out, and if they don’t pay, file an eviction case right away.

What If There Was Never Any Rent?

Even if no rent was ever charged, you still have to follow notice rules to legally remove someone. That’s why knowing the difference between tenancy at will and a regular lease is so important. No rent doesn’t mean no rights—for you or the tenant.

How To Evict Someone in Georgia Without A Lease

Reason For Eviction	Notice Required	When You Can File For Eviction
No wrongdoing – you just want the property back	60 days written notice	After 60 days, if they refuse to leave
Rule-breaking (damage, crime, unauthorized guests)	Immediate demand for possession (followed by 3-7 day notice)	After 3-7 days, if they refuse to leave
Unpaid rent	3-business-day notice to pay or move out	After 3 business days, if they haven’t paid or moved out

Georgia Eviction Notice No Lease – What it must include

To comply with the law, your eviction process in Georgia without a lease (whether 3 days or 60 days) should include:

• Your name and contact information
• The full address of the property
• A clear demand to vacate (and, if relevant, the amount of rent owed)
• The deadline to leave or pay
• How the notice was delivered (e.g., posted on the door and mailed)

Take a photo of the notice taped to the door and save any emails, texts, or letters to create a solid paper trail to support your eviction lawsuit if you have to go to court.

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