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 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 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
A landlord can deliver notices in Georgia using any of the below acceptable methods:
- Handing the notice to the tenant in person;
- Handing the notice to a person of suitable age and discretion at the property AND mailing the notice by first class mail with a certificate of mailing;
- Posting the notice in a conspicuous place at the premises, such as the entry door, AND mailing the notice by first class mail with a certificate of mailing.
When sending the notice by first class mail, add three (3) additional calendar days to the notice period to account for variability in post office delivery times.
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 & Lease Termination Notice Forms
|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 Incurable Breach|
|30 Day Notice to Vacate||Ending a Monthly Lease / No Lease|
|60 Day Notice to Vacate||Ending a Monthly Lease / No Lease|
- 1 GA Code § 9-11-4
To the tenant personally, or by leaving copies thereof at the tenant’s dwelling house or usual place of abode with some person of suitable age and discretion then residing therein, be dispatched through first-class mail or other reliable means.Source Link
- 2 GA Code § 9-11-6
Additional time after service by mail or e-mail. Whenever a party has the right or is required to do some act or take some proceedings within a prescribed period after the service of a notice or other paper, other than process, upon him or her, and the notice or paper is served upon the party by mail or e-mail, three days shall be added to the prescribed period.Source Link