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 specifies that an eviction notice must at minimum be posted, in a sealed envelope, to the door of the property. The law allows the rental agreement to (optionally) require other additional methods of notice as well.
The posting requirement takes effect on July 1, 2024. Until that date, there is no specific requirement for service of an eviction notice, except that the notice must actually reach the tenant’s attention.
Obtaining Proof of Service in Georgia
A landlord can demonstrate proof that a notice was delivered through the following methods:
- 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 |
| 3 Day Notice To Quit for Nonpayment of Rent | Eviction for Unpaid Rent or Other Unpaid Fees |
| 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 § 44-7-50(d)
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The demand for possession notice under subsection (a) of this Code section or the three-day notice to vacate or pay under subsection (c) of this Code section shall be posted in a sealed envelope conspicuously on the door of the property and delivered via any additional method or methods agreed upon in the rental agreement.Source Link
