Eviction Procedures

Marshal’s Office

The Marshal’s Office, as part of DeKalb County’s law enforcement community, is committed to protect life and property, arrest violators of the law, and enforceall laws and ordinances coming within the Office’s jurisdiction.

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Step 1. Receive a Notice

Your landlord is legally obligated to issue a formal written notice prior to commencing any legal proceedings aimed at evicting you. This requirement ensures that tenants are given proper notice and an opportunity to address the situation before the matter proceeds to court.

Step 2. Eviction Case Starts

The landlord formally provides a notice, which may be conveyed either verbally or in writing, to demand possession of the property. Following this initial step, the landlord proceeds to file a dispossessory affidavit in the Magistrate Court to initiate legal proceedings.

Step 3. Respond to the Courts

Once served, the tenant has seven days to respond and address the issue. If they fail to do so, the landlord may legally file for eviction, leading to a court hearing and possible removal from the property. This process follows state and local laws governing landlord-tenant disputes.

Step 4. A Judge decides

When tenant responds, the court schedules a hearing where both sides present their case, including evidence. The judge reviews the facts and considers the relevant laws. The judge issues a ruling that determines whether the eviction will proceed or be dismissed.

Step 5: After a Judge decides

If you lose the case, you can move out or ask the judge for more time. If you don’t leave, the landlord can get a court order for the marshal to enforce the eviction, which may lead to extra legal or financial consequences. It's important to act quickly to avoid further complications.

Once you have completed the dispossessory process, obtained your Writ of Possession and need to evict your tenant, you must:

Allow 2 business days for the Writ to reach the Marshal’s Office.
Call the Marshal’s Office at 404-371-2930 between the hours of 8:30 A.M. and 4:30 P.M. to schedule an appointment for the eviction.
Evictions must be scheduled within 30 days of the issuance of a Writ.
You must provide sufficient labor to safely remove all items (usually a minimum of 5 workers).

You must provide a way to gain entry to the property (such as pass key or a Locksmith).
Once the Deputy has made a safety sweep of the location and given you permission to start, have your labor crew remove all items belonging to the defendant(s) and place them on the closest right-of-way. Items removed from apartments or condos can be placed in the nearest parking space
The Deputy will post a Criminal Trespass Warning notice on the door and return possession to the landlord upon completion of the eviction.
Once the Deputy has completed the eviction, evicted items are considered abandoned, per Georgia Law (O.C.G.A. 44-7-55).
In an effort to Keep DeKalb Beautiful and avoid a Code Enforcement violation, it is reminded that the homeowner is responsible to arrange for the removal of all debris and trash from the property. As a courtesy, the Marshal’s Office will notify Sanitation of evictions on single family residences (houses). However, it still remains the homeowner’s responsibility to ensure the debris and trash are removed.

Helpful Hints

Bring large bags or boxes to pack smaller items (such as Contractor Clean-up bags).
Change all locks and secure the location immediately upon the completion of the eviction.
Vehicles can be remove by a wrecker service of your choosing and expense.

For further information, please call the Marshal’s Office at 404-371-2930.

DeKalb County Marshals Office

Location 1 Address :

DeKalb County Courthouse
556 N. McDonough Street, Ste G10 Ground Floor
Decatur, GA 30030

Phone:

Office: 404-371-2930
Fax:404-371-2260

Hours of Operation:

8:30 am - 4:30 pm
Monday throught Friday (except holidays)

Location 2 Address :

DeKalb County State Court Division B &
Magistrate Criminal and Ordinance Courts
3630 Camp Circle
Decatur, GA 30030

Phone:

Office: 404-294-2107
Fax:404-371-2260

Hours of Operation:

8:30 a.m. until 4:30 p.m
Monday through Friday (Public)
5:00 p.m. until 12:00 a.m. (Law Enforcement)