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That Old Eviction Case? It Might Not Be Closed Yet
A certified envelope lands in your mailbox. Inside is a motion from a tenant you evicted two years ago, asking a judge to hide the case from public view. Do you need to respond? Can you object? And what happens to the money they still owe you?
More Georgia landlords will be asking those questions soon. Tenants already have a path to request limited access to eviction files, and a new state law taking effect January 1, 2027, adds a dedicated sealing process for dispossessory records.
This guide breaks down how eviction record sealing works in Georgia, what rights you have as the property owner, and how to protect your interests if a former tenant files. At Athens Property Management, we help owners across Athens and Northeast Georgia navigate the legal side of rental ownership, from filing evictions to keeping the documentation that holds up in court.
Key Takeaways
You must be notified. Tenants who ask to seal an eviction record must formally serve the former landlord, who remains a party to the original case.
You can oppose the motion. Owners have the right to object, especially when a balance is still owed.
Unpaid debt weakens the tenant's request. Courts rarely grant sealing while money remains outstanding.
Paid-off judgments change the picture. Once a tenant settles what they owe, courts view sealing requests more favorably.
The rules are expanding in 2027. Senate Bill 406 adds a new sealing provision to Georgia's dispossessory statute starting January 1, 2027.
How Eviction Record Sealing Works in Georgia
Georgia calls evictions "dispossessory proceedings," and they're handled in each county's Magistrate Court. In Athens, that's the Athens-Clarke County Magistrate Court. By default, these case files are public, which means they show up in court searches and on tenant screening reports.
The Rule 6D Request
Right now, tenants can ask a court to restrict access to their eviction file under Rule 6D of the Uniform Rules for the Magistrate Courts of Georgia. The tenant files a motion in the original case, explaining why public access is causing them harm.
Mandatory Notice to the Owner
Here's the part every landlord should know: the tenant can't do this quietly. Because you were a party to the original case, the tenant must formally serve you with the motion. That notice gives you the chance to review the request and decide whether to oppose it before a hearing.
If you've moved, changed mailing addresses, or switched management companies since the eviction, make sure the court and any process server can still reach you. Missing that notice means missing your opportunity to be heard.
How Judges Decide
Sealing is not automatic. Judges weigh whether the harm to the tenant outweighs the public interest in letting future landlords see the rental history. The tenant carries the burden of showing that their privacy interest wins out, and the landlord's input can carry real weight in that balance.
A New Georgia Law Arrives January 1, 2027
Georgia's rules are about to shift. Senate Bill 406, known as the Georgia Property Owners' Bill of Rights Act, was signed in 2026. While most of the bill focuses on homeowners' associations, Section 8 adds a new subsection (e) to O.C.G.A. § 44-7-50, the statute governing dispossessory proceedings.
Starting January 1, 2027, a court may, after a motion and hearing, make all records of a dispossessory case unavailable to the public when:
The tenant won the case
The tenant paid the judgment in full, including interest and costs
Seven years have passed since a dismissal or judgment, as long as any judgment was paid in full
Just as important for owners, the law states that sealing does not stop a landlord from pursuing amounts owed through a separate action or collections. In other words, a sealed record doesn't erase the debt.
Key Considerations for Landlords
Whether a tenant files under the current rule or the new statute, a few factors shape how these requests play out.
Outstanding Debt Gives You Leverage
If a former tenant still owes rent, fees, or damages, their motion is very unlikely to succeed. You have full rights to oppose a sealing request while a balance remains. Bring your ledger, the judgment, and any payment history to show the court exactly what's still owed.
This is where clean records pay off. Our owner accounting and financial reporting keeps every charge and payment documented, so you're not scrambling to rebuild a paper trail years later.
Paid-Off Balances Shift the Balance
When a tenant satisfies a judgment or repays back rent, courts look at sealing requests more favorably. Under SB 406, full payment of the judgment with interest and costs becomes one of the specific grounds for sealing. If your former tenant has made you whole, opposing the motion may not be worth the time or legal expense.
Unsealed Records Stay Visible for Years
Eviction filings that aren't sealed typically remain on public court records and tenant screening reports for up to seven years. For owners, that history is a valuable screening signal. As more records become eligible for sealing, it's wise to lean on a broader screening process rather than court searches alone.
How Sealing Affects Your Tenant Screening
If eviction records become harder to find, owners need other ways to judge rental history. Strong screening looks at the full picture, including verified income, prior landlord references, payment patterns, and credit history.
Our tenant screening process evaluates applicants on multiple criteria, so a single missing record doesn't leave you exposed. Pair that with consistent rent collection and early intervention on late payments, and you reduce the chances of needing an eviction in the first place.
What to Do If You Receive a Sealing Motion
A sealing motion comes with a deadline, so act quickly:
Read the motion carefully. Note the hearing date and the grounds the tenant is claiming.
Pull your records. Gather the lease, judgment, ledger, and any payment or collections history.
Confirm the balance. Know exactly what's owed, including interest and court costs.
Decide whether to oppose. An unpaid balance is a strong reason to object. A paid-off account may not be.
Talk to an attorney. For contested hearings, a Georgia landlord-tenant attorney can help you present your case.
If you'd like a refresher on how the process starts, our guide to Georgia's eviction process for Athens landlords walks through each step.
Frequently Asked Questions
Can a tenant seal an eviction record without telling the landlord?
No. Under Georgia's current Magistrate Court rules, the tenant must formally serve the former landlord with the motion because the owner is a party to the original case. That gives you the chance to respond before the judge decides.
Does sealing an eviction record cancel the money a tenant owes?
No. Sealing limits public access to the court file, but it doesn't erase the debt. SB 406 specifically preserves a landlord's right to pursue amounts owed through a separate action or collections.
When does Georgia's new eviction sealing law take effect?
The dispossessory records provision in Senate Bill 406 takes effect January 1, 2027. Until then, tenants use the limited-access procedure under the Uniform Magistrate Court Rules.
Protect Your Rental Business Before the Rules Change
Eviction record sealing gives tenants a path forward, but it doesn't strip owners of their rights. You're entitled to notice, you can oppose a motion when money is still owed, and a sealed record never cancels a debt. The owners who come out ahead are the ones with organized records, strong screening, and a clear plan when paperwork arrives.
Athens Property Management handles the details that keep your investment protected, from professional eviction services to full-service Athens property management. Call us at 706.850.6500 or contact us to schedule a consultation today.
