Judge Hayward dismisses dispossessory case after landlord failed to meet Georgia notice rules

Judge Tammy Long Hayward of Clayton County State Court dismissed a dispossessory case brought by landlord Anika Jackson against tenant Ina Stephenson, saying the court cannot approve an eviction when the required notices under Georgia law were not provided. "You can't give somebody a 1 day to get out of a property," Hayward told the parties as she explained the statutory notice framework.

Hayward took sworn testimony and reviewed facts on the record: Jackson said she asked Stephenson to leave after repeated police incidents and told the court she had asked for a writ of possession; Stephenson said she had moved and reported she had a protective order against her husband and had incurred moving costs. The judge said Georgia law requires 30 days' notice for an active written lease, 60 days for a month‑to‑month tenancy beyond a written term, and a minimum 3‑day cure period for nonpayment. Because the landlord had not followed the required procedures, Hayward said she would dismiss and deny the eviction filing.

The judge also cautioned both parties that separate civil claims could exist outside the dispossessory action and advised them to consult an attorney and the Georgia landlord‑tenant handbook for next steps. "If you all want to pursue, legality against each other, then you can do that," Hayward said, urging parties to get counsel. The court did not enter judgments for damages in the eviction proceeding; parties were advised about the option to pursue other claims in the appropriate forum.

Next steps: the dispossessory was dismissed and the parties were released from the court's eviction process; the judge emphasized that any further civil claims or damages would need to be pursued by counsel.