Commercial eviction in Georgia can feel like a different universe from residential eviction. The stakes are often higher, the paperwork is more technical, and the “rules of the relationship” usually come from a negotiated lease rather than a set of tenant-protection statutes. If you’re a landlord trying to protect your building’s cash flow, or a business tenant trying to keep doors open, understanding the process (and the leverage points inside it) is the difference between a controlled outcome and an expensive mess.
This guide walks through how commercial eviction typically works in Georgia, what triggers it, what steps happen in what order, and where landlords and tenants tend to make avoidable mistakes. While this is educational (not legal advice), it’s designed to give you a practical map so you can ask better questions, gather the right documents, and avoid surprises.
One quick note before we get into the weeds: commercial evictions are heavily lease-driven. Two situations that look “the same” on the surface—like a missed rent payment—can have totally different outcomes depending on notice requirements, cure periods, and default definitions in the lease. So as you read, keep your lease close by, because it’s basically the rulebook.
Commercial eviction in Georgia isn’t a single event—it’s a sequence
People often talk about eviction like it’s one action: “I’m evicting the tenant.” In reality, commercial eviction is a chain of steps that usually starts with a default under the lease and ends with either (a) the tenant curing the default, (b) a negotiated move-out, or (c) a court-ordered dispossession and physical lockout by the sheriff.
In Georgia, the court process for removing a tenant from property is generally handled through a dispossessory action. The terminology can be confusing because “dispossessory” is commonly associated with residential cases, but the mechanism is also used in commercial settings. The big difference is that commercial tenants don’t have many of the statutory protections that residential tenants do—so the lease and basic procedural rules matter a lot.
Also, commercial eviction often runs side-by-side with other disputes: unpaid CAM charges, alleged lease assignment violations, signage fights, buildout disagreements, or claims that the landlord failed to repair something critical. Those related issues can influence timing, settlement leverage, and how aggressive either side wants to be.
Common triggers: what actually causes a commercial eviction?
Nonpayment of rent (and the “rent” that isn’t just base rent)
Nonpayment is the headline reason most people think of, but in commercial leases “rent” can mean base rent plus a stack of other obligations: CAM, taxes, insurance, utilities, late fees, interest, and even reimbursable maintenance. A tenant may believe they’re “paid up” because base rent is current, while the landlord views the account as delinquent due to pass-throughs.
That mismatch is one of the most common ways commercial eviction escalates quickly. Landlords often treat the full monthly invoice as rent, while tenants may treat reconciliations as negotiable. If you’re a tenant, the safest approach is to dispute charges in writing while still paying undisputed amounts on time (and following any lease procedure for disputing CAM). If you’re a landlord, detailed ledgers and consistent invoicing practices make your case cleaner if you end up in court.
Georgia courts will look at whether a default exists and whether the landlord followed required steps. The more clearly you can show what was owed, what was paid, and what notices were sent, the less room there is for arguments that the amount is unclear or that the tenant wasn’t properly informed.
Lease violations beyond money: use restrictions, unauthorized occupants, and maintenance
Commercial leases often contain strict “use” clauses (what the space can be used for), plus rules about signage, operating hours, noise, odors, hazardous materials, and compliance with laws. Violating these can trigger default even if rent is paid on time.
Unauthorized subleasing or assignment is another frequent trigger. A tenant might bring in a partner, allow a related company to operate from the space, or “license” part of the premises to a third party—thinking it’s harmless. Many leases treat that as a serious breach, sometimes with limited cure rights.
Maintenance obligations can cut both ways. If the tenant is responsible for certain repairs and doesn’t do them, the landlord may claim default. If the landlord is responsible for key building systems and fails to address issues that materially affect the space, the tenant may argue the landlord’s breach excuses performance or supports defenses. In commercial settings, those arguments exist, but they’re often harder than people expect—especially when the lease contains waivers or defines remedies tightly.
Start with the lease: notice requirements and cure periods drive everything
Notice to cure: when “you’re late” isn’t enough
Many Georgia commercial leases require the landlord to give a written notice of default and a chance to cure before starting a dispossessory action. The cure period might be 3 days, 5 days, 10 days, or “upon receipt” depending on what kind of default it is. Some leases distinguish between monetary defaults (short cure period) and non-monetary defaults (longer cure period).
If the lease requires notice and the landlord skips it, that can create delays or even force a restart. If you’re a landlord, it’s not just about sending a letter—it’s about sending it the way the lease says you must send it. Some leases require certified mail, overnight delivery, email, or delivery to a specific address. Others require notice to the tenant’s registered agent. Details matter.
If you’re a tenant, don’t ignore a notice just because you think it’s “unfair.” Silence can be read as acceptance. Respond in writing, document your position, and if you can cure, do it within the required timeline while preserving your dispute rights where possible.
Acceleration, late fees, and attorney’s fees: the hidden pressure points
Commercial leases often allow landlords to accelerate rent (declare the remaining term immediately due) after default, or to charge significant late fees and interest. Even if acceleration isn’t ultimately enforced in full, the threat can be a powerful settlement lever.
Attorney’s fees provisions are another major pressure point. In Georgia, contractual fee-shifting clauses can mean the losing party pays a meaningful portion of the other side’s legal costs. This changes negotiation dynamics quickly: what might be a “small” dispute can become expensive if it turns into motion practice and hearings.
Because these clauses can be complex and strictly interpreted, it’s worth having the lease reviewed strategically. Many businesses discover too late that their lease gives them fewer options than they assumed—or that a landlord’s “standard” clause isn’t as airtight as it looks.
The dispossessory process in Georgia: what happens after the landlord files
Filing the dispossessory and serving the tenant
When a landlord decides to proceed, they typically file a dispossessory affidavit in the appropriate court (often magistrate court, depending on the county and circumstances). The filing states the basis for seeking possession—nonpayment, holding over after lease expiration, or breach of lease terms.
After filing, the tenant must be served with the court papers. Service rules matter, because improper service can delay the case. In practice, service can be personal, substituted, or posted, depending on what the court allows and what attempts were made.
From a tenant’s perspective, the moment you’re served is the moment the clock becomes your enemy. Waiting “to see what happens” is how default judgments happen. From a landlord’s perspective, accurate tenant names (legal entity names) and correct addresses reduce the risk of service problems and later challenges.
The tenant’s answer: deadlines and the importance of responding correctly
Georgia requires a tenant to answer within a short timeframe after service. If the tenant fails to answer, the landlord may obtain a default judgment for possession. For commercial tenants, that can mean losing the space quickly—sometimes before the business has a realistic plan to relocate inventory, equipment, or customer operations.
Answering isn’t just saying “I disagree.” The answer should address the landlord’s claims, assert defenses, and potentially counterclaims. Tenants may also request a hearing. If rent is disputed, the court may require certain amounts to be paid into the court registry (especially in some circumstances), so tenants need to be prepared for that possibility.
Because the consequences are immediate and business-critical, many commercial tenants benefit from getting advice early—before the answer deadline—so they don’t accidentally waive defenses or miss procedural steps.
Hearings, evidence, and what judges tend to care about
What landlords need to prove (and what makes a case clean)
A landlord generally needs to show the right to possession and that the tenant is in default or holding over. The most persuasive cases are usually the simplest: a clear lease, a clear ledger, clear notices, and clear proof the tenant didn’t cure within the time allowed.
Documentation is everything. Judges often want to see the executed lease (and amendments), the payment history, the notice of default, and proof of delivery. If the landlord’s numbers are messy or inconsistent, it creates room for the tenant to argue the amount is uncertain or that the landlord’s accounting is unreliable.
Landlords also need to ensure they sued the correct party. Many commercial tenants operate under trade names, have related entities, or have changed corporate structures. If the wrong entity is named, enforcement can get complicated.
What tenants can argue (and what tends to fall flat)
Tenants sometimes assume they can defend an eviction by showing the landlord “was difficult” or “didn’t care.” Courts are usually focused on the lease and whether the tenant is in default. Emotional fairness arguments often don’t move the needle unless they tie directly to a legal defense.
More effective defenses can include: the landlord failed to provide required notice; the tenant actually paid; the landlord misapplied payments; the alleged breach isn’t a default under the lease; or the landlord materially breached first (depending on the facts and lease terms). Tenants may also argue waiver if the landlord repeatedly accepted late payments without enforcing default provisions, though many leases try to limit waiver.
Another practical defense is time: even if the tenant is likely to lose, a well-organized response can sometimes create space to negotiate a move-out date, reduce fees, or avoid a damaging judgment—especially if the landlord prefers a clean turnover rather than a drawn-out fight.
Writ of possession and the physical eviction: what “lockout” really means
From judgment to writ: the step people forget
Even if a landlord wins in court, they don’t automatically get to change the locks that day. The court issues a writ of possession, which authorizes the sheriff or marshal to remove the tenant and restore possession to the landlord. Timing varies by county and workload.
Self-help eviction—like locking out a tenant without going through the legal process—can create serious legal exposure. Commercial landlords sometimes assume self-help is allowed because it’s “just business.” In Georgia, it’s risky and often prohibited in practice. The safer route is to follow the dispossessory process and let law enforcement handle the physical removal if it gets to that point.
For tenants, a writ is the last warning that the clock is nearly out. If you need time to remove equipment, protect inventory, or avoid business interruption, you want to negotiate before the writ is executed—not after.
Property left behind: equipment, inventory, and fixtures
Commercial spaces often contain valuable assets: POS systems, refrigeration units, specialized machinery, records, and inventory. Leases may specify what happens if property is abandoned, whether the landlord can dispose of it, and whether the tenant owes storage costs.
Tenants should plan for removal logistics early. If you wait until the last minute, you may not be able to coordinate movers, trucks, or specialized disassembly. Landlords, on the other hand, should be careful about handling tenant property—improper disposal can trigger claims, even if the tenant is in default.
Fixtures are a special category. Some items that feel “movable” can be treated as fixtures if they’re attached or integrated into the premises. The lease often defines what must stay and what can go. Disputes over fixtures are common when a tenant is leaving under pressure.
Money claims vs. possession: landlords often want both
Back rent, CAM, and damages: how the numbers can balloon
Commercial eviction isn’t only about getting the space back. Landlords frequently pursue money judgments for unpaid rent and other charges. Depending on the lease, damages can include future rent (sometimes discounted), re-letting costs, broker commissions, tenant improvement write-offs, and attorney’s fees.
Tenants are often shocked by how quickly the total grows. Even a short period of missed payments can snowball once late fees, interest, and legal costs are added. If the lease includes personal guaranties, the risk can extend beyond the business entity to the individual guarantor.
Landlords should be mindful of mitigation obligations and lease terms about re-letting. Tenants should understand that surrendering the keys doesn’t necessarily end liability unless the landlord agrees in writing or the lease provides for it.
Security deposits and letters of credit: who controls the leverage?
Security deposits can be applied to arrears, but the lease usually dictates how and when. Letters of credit are even more landlord-friendly because they can be drawn upon quickly if the tenant defaults, depending on the LOC terms and lease language.
For tenants, negotiating deposit/LOC terms on the front end is a big deal. For landlords, documenting the basis for applying the deposit (and providing any required statements) helps avoid secondary disputes.
In many commercial evictions, the “real” negotiation is about money: the move-out date might be straightforward, but the allocation of deposit funds, waiver of late fees, or release of guarantors is where deals are made.
Negotiated exits: when both sides benefit from a controlled move-out
Cash for keys, surrender agreements, and avoiding public court fights
Not every commercial eviction ends with a sheriff. Often, both sides prefer a negotiated solution: the tenant agrees to vacate by a specific date, leave the premises in a defined condition, and maybe pay a portion of arrears; the landlord agrees to waive certain fees, return part of the deposit, or provide a release.
These deals are usually documented in a surrender agreement. It can cover important details like final utility payments, signage removal, key return, fixture ownership, and the condition of the space. Without a written agreement, misunderstandings multiply fast.
Even when a landlord has a strong case, settlement can make business sense. Court takes time, and an angry tenant can leave damage behind. A structured exit can reduce downtime and protect the property.
When a tenant needs time: short-term workouts and payment plans
Some tenants aren’t trying to dodge rent—they’re dealing with a temporary cash crunch, a delayed insurance payout, or a seasonal revenue dip. In those situations, landlords sometimes prefer a payment plan to a vacancy, especially in a softer market.
Payment plans should be written, with clear dates, default triggers, and what happens if the tenant misses a payment. Many landlords also require the tenant to reaffirm the lease and waive certain defenses as part of the workout.
Tenants should be cautious about signing documents they don’t fully understand, because a “simple” payment plan can include admissions that make later defenses impossible. If you’re negotiating under pressure, it’s smart to slow down just enough to read every line.
Special situations that change the playbook
Holding over after lease expiration: the month-to-month trap
Commercial leases often specify what happens if a tenant stays past the end of the term. Sometimes the lease converts to month-to-month; sometimes it becomes a tenancy at sufferance; sometimes holdover rent jumps to 150% or 200% of the prior rate.
Landlords may pursue dispossessory actions quickly in holdover situations, especially if a new tenant is lined up. Tenants sometimes assume they can “buy a little time” by staying an extra week or two, but holdover provisions can be expensive and can also create liability for the landlord’s losses if the new deal falls through.
If you’re nearing lease end and renewal talks are uncertain, it’s better to negotiate a short written extension than to drift into holdover status and hope for the best.
Bankruptcy and the automatic stay: when eviction pauses
If a commercial tenant files bankruptcy, an automatic stay may pause eviction efforts, at least temporarily. The details depend on timing, the type of bankruptcy, and what stage the eviction is in. Landlords may need to seek relief from the stay to proceed.
From the tenant side, bankruptcy can provide breathing room, but it also comes with obligations—like paying post-petition rent and making decisions about assuming or rejecting the lease. For landlords, it can turn a straightforward eviction into a more complex legal process with different deadlines.
If bankruptcy is even a possibility, both parties benefit from getting advice early, because missteps can be costly and the timeline can move fast.
Reducing risk on the front end: lease drafting and smarter documentation
Why strong leasing documents prevent eviction headaches later
The easiest eviction is the one you never have to file. Clear leases reduce ambiguity, and ambiguity is what turns a basic default into a months-long dispute. A well-drafted lease spells out default events, notice methods, cure periods, late fees, interest, attorney’s fees, and what happens to tenant property after a lockout.
Landlords also benefit from consistent recordkeeping: rent ledgers, copies of notices, inspection reports, and maintenance logs. Tenants benefit from saving everything too—especially communications about repairs, approvals for alterations, and any landlord consent for subleasing or assignments.
If you’re negotiating a new lease or renewing an existing one, it can help to work with counsel who focuses on leasing issues. Many disputes start with “we thought this clause meant X,” when the clause actually says Y.
For businesses looking for legal services for commercial property leases, having someone review the default and remedy provisions before you sign can be a surprisingly high-ROI step—because those are the exact sections that control what happens if the relationship breaks down.
Communication habits that help both sides if things go sideways
When tensions rise, people tend to switch to phone calls and informal texts. That can be a mistake. Written communication—polite, factual, and consistent—creates a record that helps resolve disputes faster.
Landlords should send notices exactly as the lease requires, even if they also call the tenant as a courtesy. Tenants should respond in writing, acknowledge receipt, and state their position clearly. If there’s a dispute about charges, put the dispute in writing and reference the lease section that supports your view.
A calm paper trail often prevents escalation. And if the dispute does end up in court, judges tend to appreciate parties who behaved reasonably and documented their actions.
When commercial eviction overlaps with bigger business disputes
Eviction as leverage in partnership fallouts and business divorces
Sometimes the “tenant” problem isn’t really a landlord-tenant problem. It’s a business conflict spilling into the lease. Think: partners fighting, one partner locking the other out, or a company splitting into two competing entities. The landlord gets caught in the middle because rent stops or the space is being used in a way that violates the lease.
In these cases, eviction threats can become leverage in negotiations that have nothing to do with the building itself. Landlords may need to decide whether they want to stay neutral (focusing only on rent and compliance) or take steps that effectively choose sides.
Tenants dealing with internal conflict should be careful: if the business’s leadership is unstable, notices may be missed, and deadlines can slip. It’s often worth designating a single point of contact for the landlord and getting clarity on who has authority to bind the tenant entity.
Confidential information, employees, and the messy aftermath of a forced move
When a business is pushed out of a location quickly, operational chaos follows. Files get boxed up, computers get moved, employees scramble, and vendors get confused. That’s also when sensitive information is most likely to be lost, copied, or mishandled—sometimes by disgruntled former employees or business partners.
If your commercial eviction is happening alongside an employment dispute, a non-compete fight, or a breakdown with a vendor who had access to proprietary data, you may need to think beyond “how do we move out?” and ask “how do we protect the business while we move?” That can include access control, inventorying devices, changing passwords, and preserving evidence.
For companies facing risks tied to confidential information, getting advice about defense against trade secrets misappropriation can be relevant in the same season of stress as an eviction—because once accusations start flying, the business needs a clear plan for what data exists, who touched it, and what policies were in place.
Practical tips for landlords trying to regain possession efficiently
Build a timeline before you take action
Before sending the first notice, it helps to map a timeline: when rent was due, when it became late, what the lease says about notice, when you sent notices, and what cure periods apply. This keeps you from jumping the gun and gives you a clean story if the case reaches a hearing.
It also helps you decide whether negotiation is worthwhile. If the tenant is one month behind and has a good payment history, a short workout might be better than vacancy. If the tenant is chronically late and the space is marketable, a faster path to re-letting might be the right move.
Finally, a timeline helps you coordinate operationally: property management, security, locksmiths, and any vendors needed to secure the premises after possession is restored.
Keep the dispute about the lease, not the personalities
Commercial evictions can get personal. Tenants feel embarrassed or cornered; landlords feel taken advantage of. But the legal process is much easier when communication stays businesslike and lease-focused.
If you’re a landlord, avoid threats that you can’t legally carry out. Don’t promise a lockout “tomorrow” if you haven’t filed. Don’t shut off utilities unless the lease and local rules clearly allow it and you’ve confirmed it’s lawful. Those tactics can backfire.
If you’re a tenant, avoid going dark. Even if you can’t pay immediately, communicating a plan (and following it) often buys goodwill and time.
Practical tips for tenants trying to avoid or survive a commercial eviction
Act fast, even if you’re still figuring out the money
If you receive a default notice or court papers, treat it like a business emergency. Not because you should panic, but because deadlines are short and options shrink with every day that passes.
Start by gathering documents: the lease and amendments, payment records, correspondence about disputed charges, photos of any property condition issues, and a list of what you need to remove if you have to vacate quickly. This helps you evaluate whether you can cure, negotiate, or prepare for a move-out.
Also, think operationally: if you had to relocate in two weeks, what would you do? Which vendors need notice? Where would inventory go? What would you tell customers? Having a plan reduces the risk of a chaotic exit.
Know what you can realistically negotiate
Tenants sometimes try to negotiate things that aren’t likely—like a long rent holiday after months of nonpayment—while missing opportunities that are actually attainable, like a structured move-out date, a partial waiver of fees, or a payment plan that avoids a judgment.
Landlords often care about speed and certainty. If you can offer a clean surrender, leave the space in good condition, and make a reasonable payment, you may be able to negotiate better terms than you’d get by fighting and losing in court.
And if you believe the landlord is wrong—wrong amount, wrong notice, wrong party—those issues should be raised clearly and early. Vague complaints don’t help; specific lease-based arguments do.
How local counsel can help when the clock is ticking
Commercial eviction is one of those areas where small procedural mistakes can have outsized consequences. A landlord who files too early or serves incorrectly can lose valuable time. A tenant who answers incorrectly (or not at all) can lose possession faster than expected.
Working with counsel who understands both business disputes and real estate leasing can help you choose the right strategy: negotiate, file, defend, or restructure the relationship. If you’re in the Marietta area and you’re trying to make sense of a lease default or a looming dispossessory, connecting with Marietta business law professionals can help you evaluate options quickly—especially when the dispute isn’t only about rent, but also about the business consequences of moving, rebranding, or protecting assets.
Even a short consultation can help clarify what the lease actually requires, what notices should look like, what defenses are viable, and what a realistic settlement might involve. And for many businesses, that clarity is what turns a stressful situation into a manageable plan.
A quick reality check: timelines, costs, and what to expect emotionally
How long does a commercial eviction take in Georgia?
There isn’t one universal timeline because it depends on the county, court scheduling, service issues, and whether the tenant contests the case. Some matters move quickly when there’s no answer filed. Others take longer when defenses are raised or when parties negotiate midstream.
From a planning standpoint, landlords should assume it can take weeks (sometimes longer) to regain possession through the court process. Tenants should assume that if they don’t respond promptly, it can move much faster than they expect.
Because timing is uncertain, both sides benefit from parallel planning: pursue the legal process while also exploring settlement options, so you’re not stuck waiting for a single path to work out.
Why commercial eviction feels so intense (and how to keep it from derailing operations)
For tenants, the business impact is immediate: staff uncertainty, customer confusion, potential loss of inventory, and reputational concerns. For landlords, it’s about financial exposure and protecting the property from damage or prolonged vacancy.
One of the best ways to reduce stress is to separate the legal track from the operational track. Legally, you need to meet deadlines and document everything. Operationally, you need a plan for continuity: alternate locations, remote work, inventory storage, and customer communication.
When you treat it like a project with tasks, owners, and timelines—rather than an emotional crisis—you’re much more likely to land in a workable outcome, whether that’s staying, leaving on negotiated terms, or transitioning to a new space without major disruption.
