Georgia Eviction Notice

Landlords issue a Georgia eviction notice as a legal document to inform tenants of lease violations, such as unpaid rent or other breaches of the rental agreement. Furthermore, this notice provides tenants with a specific timeframe to address the issue or vacate the property.

Types of Georgia Eviction Notice Forms

Georgia provides several types of eviction notices, each serving different purposes based on the grounds for eviction:

Short-Term Notices

1. Georgia 3 Day Notice To Quit for Nonpayment of Rent

Landlords issue this notice when tenants fail to pay rent or other fees. Additionally, they can file it the day after rent is due. Tenants must pay all past due amounts or vacate within three business days. This requirement will take effect on July 1, 2024.

2. Georgia Notice To Comply or Vacate

Landlords use this notice for lease violations, such as property damage or health and safety issues. Furthermore, landlords may allow tenants time to correct the violation. If tenants do not correct it, they must vacate by the specified termination date.

3. Georgia Immediate Notice To Vacate

Landlords issue this notice for illegal activities on the property, such as drug-related offenses. Additionally, tenants must vacate immediately upon receiving this notice, with no opportunity for corrective action.

Long-Term Notices

4. Georgia 30 Day Notice To Vacate

This notice applies to terminating month-to-month leases or expired leases. Furthermore, tenants must receive notice at least 30 calendar days before the termination date.

5. Georgia 60 Day Notice To Vacate

Similar to the 30-day notice but typically used by landlords, this notice requires at least 60 days of notice for terminating month-to-month leases or expired leases.

How to Write an Eviction Notice in Georgia

Required Elements

To ensure legal compliance, eviction notices should include the following elements:

Full names of the landlord and tenant, along with the rental address
The basis for terminating the tenancy and any corrective actions required
The termination date of the lease or tenancy
Updated contact information for the landlord
The landlord’s signature
A certificate of service indicating the delivery date and method

Calculating Expiration Date in Georgia

Notice Period Calculation

The notice period begins the day after landlords deliver the notice. Additionally, if the last day of the notice period falls on a weekend or legal holiday, the period extends to the next judicial day.

How to Serve an Eviction Notice in Georgia

Posting Requirements

According to Georgia law, landlords must post eviction notices in sealed envelopes on the door of the property. Furthermore, rental agreements may specify additional methods of notice. This posting requirement will take effect on July 1, 2024.

Eviction Laws & Requirements

Grounds for Eviction

Nonpayment of Rent

Landlords must provide a 3-day notice for nonpayment of rent.

Lease Violations

Georgia law mandates no specific notice period for lease violations.

Termination of Month-to-Month Lease

Landlords must provide 60 days notice, while tenants must provide 30 days notice.

Legal Process for Eviction

Step 1: Serve Valid Notice

Landlords must serve a valid eviction notice.

Step 2: File Court Documents

If tenants do not comply, landlords file a dispossessory affidavit with the local court.

Step 3: Await Court Judgment

Courts will review the case and make a judgment.

Step 4: Obtain Writ of Possession

If courts rule in favor of landlords, they obtain a writ of possession to remove tenants.

Important Considerations

Legal Compliance Requirements

Landlords cannot forcibly evict tenants without following the legal process. Additionally, if tenants do not comply with eviction notices, landlords may proceed with dispossessory actions in court.

Timeline Expectations

The eviction process can take several weeks, depending on the notice period and court schedules.

Statutes

Ga. Code § 44-7-3 – Disclosure of ownership and agents; effect of failure to comply
Ga. Code § 44-7-7 – Tenancy at will – Notice required for termination
Ga. Code § 44-7-11 – Specific rights of tenants
Ga. Code § 44-7-13 – Landlord’s duties as to repairs and improvements
Ga. Code § 44-7-14 – Tort liability of landlord
Ga. Code § 44-7-14.1 – Landlord’s duties as to utilities
Ga. Code § 44-7-15 – Effect of destruction of tenement on obligation to pay rent
Ga. Code § 44-7-19 – Restrictions on rent regulation by local governments
Ga. Code § 44-7-20 – Notification to prospective tenant of property’s propensity toward flooding
Ga. Code § 44-7-22 – Termination of a residential rental agreement by a service member
Ga. Code § 44-7-30 – Definitions
Ga. Code § 44-7-30.1 – Limitation on security deposit
Ga. Code § 44-7-31 – Placement of security deposit in trust in escrow account; notice to tenant of account location
Ga. Code § 44-7-33 – Lists of existing defects and of damages during tenancy; inspection of premises by landlord upon termination of lease and vacation or surrender of premises; right of tenant to inspect and dissent; action to recover security deposit
Ga. Code § 44-7-34 – Return of security deposit; grounds for retention of part; delivery of statement and sum due to tenant; unclaimed deposit; court determination of disposition of deposit
Ga. Code § 44-7-35 – Remedies for landlord’s noncompliance with article
Ga. Code § 44-7-36 – Certain rental units exempt from article
Ga. Code § 44-7-37 – Liability for rent of military personnel receiving change of duty orders
Ga. Code § 44-7-50 – Demand for possession; procedure upon a tenant’s refusal; concurrent issuance of federal lease termination notice
Ga. Code § 44-7-52 – When tender of payment by tenant serves as complete defense
Ga. Code § 44-7-55 – Judgment; writ of possession; landlord’s liability for wrongful conduct; distribution of funds paid into court; personal property
Ga. Code § 13-6-15 – Damages for writing bad checks
Ga. Code § 15-10-2 – General jurisdiction; authority of magistrate to act
O.C.G.A. § 44-7-23 – Domestic Violence Situations
O.C.G.A. § 44-7-6 – Subleasing
O.C.G.A. § 44-7-24 – Retaliation

FAQs

A Georgia eviction notice is a legal document issued by landlords to inform tenants of lease violations, such as unpaid rent or other breaches. It provides a timeframe for the tenant to resolve the issue or vacate the property. Common situations for issuing an eviction notice include nonpayment of rent, lease violations, or illegal activities on the premises.

As of July 1, 2024, a tenant has three business days to pay all past due rent and any fees after receiving a Georgia 3 Day Notice to Quit for nonpayment of rent. If the tenant fails to comply within this timeframe, the landlord can proceed with filing an eviction lawsuit in the local court.

In Georgia, there are several types of eviction notices, including the 3 Day Notice to Quit for nonpayment of rent, Notice to Comply or Vacate for lease violations, Immediate Notice to Vacate for illegal activities, and 30 or 60 Day Notices to Vacate for terminating month-to-month leases. Each type has specific grounds and notice periods.

After serving an eviction notice, if the tenant does not comply, the landlord can file a dispossessory affidavit with the local court to initiate eviction proceedings. The court will then schedule a hearing where both parties can present their case. If the court rules in favor of the landlord, a writ of possession can be issued to remove the tenant.

No, a landlord cannot forcibly evict a tenant without first providing a legally compliant eviction notice. The eviction process must follow state laws, which require landlords to notify tenants of lease violations and give them an opportunity to remedy the situation before pursuing legal action.

A 30 Day Notice to Vacate is typically used by tenants to terminate a month-to-month lease, requiring at least 30 days’ notice before the termination date. In contrast, a 60 Day Notice to Vacate is used by landlords to terminate a month-to-month lease, requiring at least 60 days’ notice before the termination date.

If a tenant does not respond to an eviction notice, the landlord can file a dispossessory action in court. The tenant will then have a limited time to respond to the court summons, and if they fail to do so, the landlord may obtain a writ of possession, allowing them to remove the tenant from the property.

In Georgia, an eviction notice must be posted on the tenant’s door in a sealed envelope. As of July 1, 2024, this is the minimum requirement, although landlords may also choose to deliver the notice by certified mail or through a process server to ensure proper notification.