A Georgia eviction notice form is a legal demand for a tenant to comply with the terms of the rental agreement or else move out of the premises. Georgia landlords may deliver an eviction notice because of unpaid rent, lease violations, or illegal activity on the rental property.
Types of Georgia Eviction Notice Forms
| Notice Form | Grounds | Curable? |
| Notice To Quit for Nonpayment of Rent | Unpaid Rent | Maybe |
| Notice To Comply or Vacate | Lease Violation | Maybe |
| Immediate Notice To Vacate | Illegal Activity | No |
| 30 Day Notice To Vacate | End of / No Lease | No |
| 60 Day Notice To Vacate | End of / No Lease | No |
Georgia Notice To Quit for Nonpayment of Rent
A Georgia Notice To Quit form evicts a tenant for nonpayment of rent. In Georgia, a landlord can file this notice the day after rent is due, with no grace period for the tenant. The tenant must pay all past due rent or else move out immediately, but it is common practice in state to allow three (3) days for payment.
Within seven (7) days of receiving the eviction summons from the court, a tenant can also stop the eviction process through payment of all past due balance.
Georgia Notice To Comply or Vacate
A Georgia Notice To Comply or Vacate evicts a tenant for a lease violation. This might include damaging property, engaging in a health and safety violation on the premises, or interfering with the quiet enjoyment of neighbors.
The landlord gets to decide whether to allow the tenant an opportunity for corrective action. If the landlord decides against this, or the tenant does not fix the violation, then the tenant must move out by the specified date of termination.
Georgia Immediate Notice To Vacate
A Georgia Immediate Notice To Vacate evicts a tenant for engaging in illegal activity, such as engaging in or promoting prostitution or building/setting up temporary or permanent structures to be offered as sleeping quarters for pay. The tenant is not allowed an opportunity for corrective action, and must move out of the rental unit immediately upon receiving notice.
Georgia 30 Day Notice To Vacate
A Georgia 30 Day Notice To Vacate terminates a month-to-month lease or an expired lease, as well as a situation with no written lease where the tenant pays rent monthly. The non-terminating party must receive notice at least thirty (30) calendar days before the date of termination.
Georgia 60 Day Notice To Vacate
A Georgia 60 Day Notice To Vacate terminates a month-to-month lease or an expired lease, as well as a situation with no written lease where the tenant pays rent monthly. The tenant must receive notice at least sixty (60) calendar days before the date of termination.
How To Write an Eviction Notice in Georgia
To help ensure the legal compliance of an eviction notice:
- Use the full name of the receiving parties, and address of record, if known
- Specify the basis for terminating the tenancy and corrective action necessary, if applicable
- Specify the termination date of the lease or tenancy
- Fill in the full address of the rental premises
- Provide updated/current address and phone number information
- Print name and sign the notice
- Complete the certificate of service by indicating the date and method of notice delivery, along with printed name and signature
It is easy to lose an otherwise justified legal action because of improper notice. Check carefully to ensure enough time after notice is delivered, not when it’s sent.
How To Calculate Expiration Date in Georgia
The “clock” for an eviction notice period starts “ticking” the day after the notice gets delivered (served). For example, to give at least 30 days of notice and begin court action as of June 30th, delivery of the eviction notice must be no later than May 31st.
In most jurisdictions, if the last day of a notice period is a Saturday, Sunday, or legal holiday, the notice period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday. This is called the “next judicial day;” in other words, the next day a courthouse is open.
Georgia counts only judicial days (i.e., no weekends or legal holidays) for notice periods of less than seven (7) days. Longer periods are counted normally.
How To Serve an Eviction Notice 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
Sources
- 1 GA Code § 44-7-50
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In all cases when a tenant holds possession of lands or tenements over and beyond the term for which they were rented or leased to such tenant or fails to pay the rent when it becomes due and in all cases when lands or tenements are held and occupied by any tenant at will or sufferance, whether under contract of rent or not, when the owner of such lands or tenements desires possession of such lands or tenements, such owner may, individually or by an agent, attorney in fact, or attorney at law, demand the possession of the property so rented, leased, held, or occupied. If the tenant refuses or fails to deliver possession when so demanded, the owner or the agent, attorney at law, or attorney in fact of such owner may immediately go before the judge of the superior court, the judge of the state court, or the clerk or deputy clerk of either court, or the judge or the clerk or deputy clerk of any other court with jurisdiction over the subject matter, or a magistrate in the district where the land lies and make an affidavit under oath to the facts. The affidavit may likewise be made before a notary public.
Source Link - 2 GA Code § 44-7-50
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In all cases when a tenant holds possession of lands or tenements over and beyond the term for which they were rented or leased to such tenant or fails to pay the rent when it becomes due and in all cases when lands or tenements are held and occupied by any tenant at will or sufferance, whether under contract of rent or not, when the owner of such lands or tenements desires possession of such lands or tenements, such owner may, individually or by an agent, attorney in fact, or attorney at law, demand the possession of the property so rented, leased, held, or occupied. If the tenant refuses or fails to deliver possession when so demanded, the owner or the agent, attorney at law, or attorney in fact of such owner may immediately go before the judge of the superior court, the judge of the state court, or the clerk or deputy clerk of either court, or the judge or the clerk or deputy clerk of any other court with jurisdiction over the subject matter, or a magistrate in the district where the land lies and make an affidavit under oath to the facts. The affidavit may likewise be made before a notary public.
Source Link - 3 GA Code § 44-7-18
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As used in this Code section, the term:
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- “Assignation” means the making of any appointment or engagement for prostitution or any act in furtherance of such appointment or engagement.
- “Prostitution” means the offering or giving of the body for sexual intercourse, sex perversion, obscenity, or lewdness for hire.
- “Tourist camp” means any temporary or permanent buildings, tents, cabins or structures, or trailers or other vehicles which are maintained, offered, or used for dwelling or sleeping quarters for pay.
- All leases and agreements letting, subletting, or renting any house, place, building, tourist camp, or other structure for the purpose of prostitution or assignation shall be void.
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- 4 GA Code § 44-7-7
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30 days’ notice from the tenant is necessary to terminate a tenancy.
Source Link - 5 GA Code § 44-7-7
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Sixty days’ notice from the landlord is necessary to terminate a tenancy.
Source Link - 6 GA Code § 1-3-1
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COMPUTATION OF TIME. Except as otherwise provided by time period computations specifically applying to other laws, when a period of time measured in days, weeks, months, years, or other measurements of time except hours is prescribed for the exercise of any privilege or the discharge of any duty, the first day shall not be counted but the last day shall be counted; and, if the last day falls on Saturday or Sunday, the party having such privilege or duty shall have through the following Monday to exercise the privilege or to discharge the duty. When the last day prescribed for such action falls on a public and legal holiday as set forth in Code Section 1-4-1, the party having the privilege or duty shall have through the next business day to exercise the privilege or to discharge the duty. When the period of time prescribed is less than seven days, intermediate Saturdays, Sundays, and legal holidays shall be excluded in the computation.
Source Link - 7 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
