Cherokee County Eviction Court β Landlord Filing Guide (2025)
Everything Georgia landlords need to file a Dispossessory (Eviction) in Cherokee County β fees, courthouse info, timeline, and step-by-step process.
ποΈ Cherokee County Courthouse Information
- Courthouse: Cherokee County Courthouse
- Address: 90 North St., Canton, GA 30114
- Phone: (678) 493-6311
- Hours: MonβFri, 8:30 AM β 5:00 PM
- Case type: Dispossessory (Eviction)
β οΈ Cherokee County β What Landlords Should Know
Cherokee County follows standard Georgia eviction procedures.
Need an Eviction Attorney in Cherokee County?
Procedural mistakes can get your case dismissed. Get matched with a local Cherokee County eviction attorney β free consultation.
Step-by-Step: How to File an Eviction in Cherokee County
Serve the Required Notice
Before filing, you must serve a written notice. For non-payment of rent, a 3-day Pay or Quit notice is required. For lease violations, serve a 3-day Cure or Quit notice. Make sure the notice is properly formatted and personally served or posted per Georgia law.
File Your Dispossessory (Eviction) at Cherokee County Courthouse
After the notice period expires without compliance, file your eviction complaint at the Cherokee County Courthouse (90 North St., Canton, GA 30114). The filing fee is $60. Bring: your lease agreement, the notice, and proof of service.
Serve the Summons on the Tenant
After filing, the court issues a summons. In Cherokee County, service is typically handled by the Sheriff's office or a licensed process server for a fee of $25. You must NOT serve the summons yourself β improper service can get your case dismissed.
Attend the Court Hearing
Hearings in Cherokee County are typically scheduled 2β3 weeks after filing. Attend with all documentation: lease, notices, payment records, and proof of service. If the tenant doesn't appear, you may receive a default judgment. Come prepared to present your case clearly.
Obtain and Enforce the Writ of Possession
After a judgment in your favor, request a Writ of Possession from the clerk. The Georgia Sheriff's office will serve the writ and oversee removal if the tenant refuses to leave voluntarily. Do NOT change locks or remove property yourself β this constitutes illegal self-help eviction in Georgia.
Cherokee County Eviction Filing Cost Breakdown
| Cost | Amount | Notes |
|---|---|---|
| Court Filing Fee | $60 | Paid to Cherokee County Clerk of Court |
| Summons Service | $25 | Sheriff or process server fee |
| Writ of Possession | ~$21β$25 | Sheriff enforcement after judgment |
| Attorney (optional) | $400β$1500 | Recommended for contested cases |
Frequently Asked Questions β Cherokee County Evictions
How long does an eviction take in Cherokee County?
The typical Cherokee County eviction takes 3β6 weeks from serving the initial notice to enforcement β assuming the tenant does not contest. A contested eviction can take significantly longer. Cherokee County is generally considered a landlord-friendly jurisdiction.
How much does it cost to file an eviction in Cherokee County?
The court filing fee in Cherokee County is $60. Additional costs typically include: process service or sheriff fee ($25), Writ of Possession enforcement (~$21β$25), and attorney fees if represented ($400β$1500). Total out-of-pocket without an attorney is typically $106β$110.
What court handles evictions in Cherokee County?
Evictions in Cherokee County are filed at the Cherokee County Courthouse, located at 90 North St., Canton, GA 30114. The case type is filed as a Dispossessory (Eviction).
Can I file an eviction online in Cherokee County?
Cherokee County does not currently offer online filing for eviction cases. You must file in person at the Cherokee County Courthouse.
Do I need a lawyer to evict a tenant in Cherokee County?
Georgia law allows landlords to represent themselves in eviction court. However, having an attorney reduces the risk of procedural dismissals and improves outcomes, especially in contested cases.
What happens if the tenant doesn't leave after the eviction judgment in Cherokee County?
After a judgment in your favor, request a Writ of Possession from the court. The Cherokee County Sheriff's office will then execute the writ β notifying the tenant to vacate, and physically removing them if they refuse. Do NOT attempt to remove the tenant yourself; self-help eviction is illegal in Georgia.
See full Georgia eviction laws and notice requirements.
Georgia Eviction Guide for Landlords βDownload the eviction notice you must serve before filing in Georgia.
Georgia Eviction Notice Templates βIs your tenant facing eviction in Cherokee County? See their rights.
Tenant Rights in Cherokee County βRelevant Georgia Statutes
- Primary eviction statute: O.C.G.A. Β§ 44-7-50
- This guide is for informational purposes only. Laws change β verify with current Georgia statutes or a licensed Cherokee County attorney.