HB270: HB270 Eviction Service and Airplane Evictions Act; enact
Last action May 14, 2025 · Effective Date 2025-07-01
House Bill 270 changes who can legally deliver eviction paperwork in Georgia, allowing an approved process server, not just a sheriff, deputy, or constable, to serve eviction summonses on tenants.
In plain language
Under current Georgia law, when a landlord files an eviction (called a dispossessory proceeding) against a tenant, the court issues a summons that must be delivered by a sheriff, a deputy, or a county constable. House Bill 270, called the 'Eviction Service Act,' amends that law (O.C.G.A. § 44-7-51) to also let an approved process server deliver the summons and the affidavit that starts the case. The bill keeps the existing backup delivery rules: if the sheriff, constable, or process server cannot hand the papers to the tenant directly, they can leave them with another adult living on the property, or, if no one is home, post the notice on the door and mail a copy by first-class mail to the tenant's last known address. The bill repeals any conflicting laws but does not state a separate effective date, so it would take effect under Georgia's standard rules for newly signed legislation.
What the bill does
- Adds 'an approved process server' as a person legally allowed to deliver eviction summonses and affidavits, alongside sheriffs, deputies, and constables.
- Keeps the existing fallback delivery method: leaving papers with an adult resident of the property if the tenant cannot be found.
- Keeps the existing fallback of posting the summons on the door and mailing a copy by first-class mail if no resident is found.
- Names the law the 'Eviction Service Act' as its official short title.
- Repeals any existing Georgia laws that conflict with this change.
Who it affects
Landlords and property owners filing eviction cases, tenants facing eviction, sheriffs and county constables who currently serve eviction papers, and private process servers who would gain new legal authority to deliver these court documents.
Why it matters
Landlords in Georgia often wait on sheriffs' offices, which handle many types of legal paperwork, to serve eviction notices. Allowing approved process servers to do this could speed up how quickly tenants are formally notified of eviction proceedings against them.
Key provisions
- Section 1 gives the Act its short title, the 'Eviction Service Act.'
- Section 2 revises subsection (a) of O.C.G.A. § 44-7-51 to add 'an approved process server' to the list of people who can serve an eviction summons, alongside the sheriff, deputy, or a county constable.
- Section 2 preserves the existing rule that if personal service fails, papers can be left with a resident adult on the premises or posted on the door with a mailed copy sent the same day.
- Section 3 repeals any conflicting Georgia laws.
Status timeline
- Effective Date 2025-07-01
- Act 255
- House Date Signed by Governor (House)
- House Sent to Governor (House)
- Senate Passed/Adopted (Senate)
- Senate Third Read (Senate)
- Senate Taken from Table (Senate)
- Senate Tabled (Senate)
Show full history (17 actions)
- Senate Read Second Time (Senate)
- Senate Committee Favorably Reported (Senate)
- Senate Read and Referred (Senate)
- House Passed/Adopted By Substitute (House)
- House Third Readers (House)
- House Committee Favorably Reported By Substitute (House)
- House Second Readers (House)
- House First Readers (House)
- House Hopper (House)
Sponsors
- Matt Reeves (R, HD-099)
- Rob Leverett (R, HD-123)
- Beth Camp (R, HD-135)
- Deborah Silcox (R, HD-053)
- David Jenkins (R, HD-136)
- Trey Kelley (R, HD-016)
- Bo Hatchett (R, SD-050)
Votes
- House voteMarch 6, 2025
172 yea, 0 nay (3 not voting, 5 absent)
- Senate voteMarch 31, 2025
49 yea, 0 nay (3 not voting, 4 absent)
Topics
- evictions
- landlord-tenant law
- court process serving
- housing