In Georgia, in order for the delivery of a lease termination or eviction notice to be legal, certain rules and procedures must be followed. If they are not and the case proceeds to court, the case may be postponed or dismissed by a judge.
Who Can Serve Eviction Notices in Georgia?
In Georgia, landlords can serve eviction notices and lease termination notices themselves. Landlords may choose to hire a sheriff, process server or independent party over eighteen (18) years old to serve an official notice, but they are not required to do so by law.
When Can Eviction Notices Be Served in Georgia?
In Georgia, lease termination and eviction notices can be served immediately on any day of the week and at any time of day.
A nonpayment of rent notice is the eviction notice used for tenants that do not pay rent in full and on time. In Georgia, there is no legal grace period, rent is late starting the day after it’s due. A landlord can serve notice the day after rent is due and file an eviction immediately with the court pursuant to state law.
Acceptable Forms of Service in Georgia
Georgia law is not specific on requirements for delivering an initial eviction notice, so landlords may use any method which actually conveys the necessary information to the tenant. The following methods, which come from service of summons in eviction cases, represent the legal gold standard in the state:
- Hand delivery to the other party
- Hand delivery to a person of suitable age residing on the property who can accept the notice on behalf of the other party
- If all forms of hand delivery fail: Posting the notice to a conspicuous place on the premises such as the entry door, PLUS mailing the notice on the same day by first class mail to the other party’s last known address, with a certificate of mailing
Obtaining Proof of Service in Georgia
A landlord can demonstrate proof that a notice was delivered through the following methods:
- Hand Delivery – by completing a Declaration of Service at the time of delivery
- First Class Mail – via certificate of mailing and by completing a Declaration of Service at the time of mailing
- Posting at the Premises – by taking a photograph and completing a Declaration of Service at the time of delivery
Georgia Eviction and Lease Termination Notice Forms
| Notice Form | Grounds |
| Notice To Quit for Nonpayment of Rent | Eviction for Unpaid Rent |
| Notice To Comply or Vacate | Eviction for Lease Violation |
| Immediate Notice To Vacate | Eviction for Illegal Activity |
| 30 Day Notice To Vacate | Ending a Monthly Lease / No Lease |
| 60 Day Notice To Vacate | Ending a Monthly Lease / No Lease |
Sources
- 1 Ga. Code § 44-7-51(a)
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A copy of the summons and a copy of the affidavit shall be personally served upon the defendant. If the sheriff is unable to serve the defendant personally, service may be had by delivering the summons and the affidavit to any person who is sui juris residing on the premises or, if after reasonable effort no such person is found residing on the premises, by posting a copy of the summons and the affidavit on the door of the premises and, on the same day of such posting, by enclosing, directing, stamping, and mailing by first-class mail a copy of the summons and the affidavit to the defendant at his last known address, if any.Source Link
