A Georgia eviction notice form is a legal letter provided to a tenant directing them to correct a breach of their obligations and/or vacate the premises. In Georgia, eviction notices can be served for the nonpayment of rent, lease violations or participating in illegal activity.
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 | Incurable Breach | No |
| 30 Day Notice to Vacate | End of Lease / No Lease | No |
| 60 Day Notice to Vacate | End of Lease / No Lease | No |
Georgia Notice to Quit for Nonpayment of Rent
A Georgia Notice to Quit form is used for an eviction for nonpayment of rent. A landlord is required to notify the tenant verbally or in writing about the rent balance due. As allowed by Georgia law, the landlord may file an eviction proceeding anytime after the tenant is notified, but it is common practice to allow the tenant to pay the balance due within three (3) days.
The tenant may have the option to pay the rent balance due, but this is at the sole discretion of the landlord. If the tenant does not pay the balance due, then the tenant must vacate the premises.
Georgia Notice to Comply or Vacate
A Georgia Notice to Comply or Vacate eviction form is used for a violation of the lease. A breach of the lease may include damaging property, failing to maintain the premises in a clean and sanitary manner or interfering with the peace and enjoyment of other persons.
A landlord is required to notify the tenant verbally or in writing about the lease violation, then a landlord may file an eviction proceeding anytime thereafter. The tenant may have the option to fix the violation, but this is at the sole discretion of the landlord, otherwise the tenant must move out of the rental unit.
Georgia Immediate Notice to Vacate
A Georgia Immediate Notice to Vacate eviction form is used for an incurable breach of the lease. An incurable breach of the lease is engaging in or promoting prostitution or any other illegal conduct on the premises. This notice instructs the tenant to move out of the rental unit immediately.
Georgia 30 Day Notice to Vacate
A Georgia 30 Day Notice to Vacate is a lease termination letter written to end a month-to-month lease. This notice may be used for tenants with no written lease that pay rent monthly or for tenants with an expired lease.
This letter fulfills the minimum amount of notice required for tenants, but landlords are legally required to provide more notice.
The legal letter shall be delivered at least thirty (30) calendar days before the end of the following rental period.
Georgia 60 Day Notice to Vacate
A Georgia 60 Day Notice to Vacate is lease termination letter written to terminate a month-to-month lease. This notice may also be used for tenants with no written lease that pay rent monthly or for tenants with an expired lease.
This letter is typically used by landlords because it satisfies the legally required amount of notice whereas tenants only need to provide a 30 day notice.
The lease termination letter shall be provided at least sixty (60) calendar days prior to the termination date.
How to Write an Eviction Notice in Georgia
For an eviction notice to be legally compliant:
- List tenants’ full names;
- List full address;
- Include grounds for eviction;
- Calculate and include termination date;
- Include date notice served;
- The landlord’s signature and printed name; and
- The landlord’s address and telephone number.
Without this information on the notice, a judge may not be able to proceed with an eviction proceeding and the landlord’s case may be dismissed.
How to Calculate Expiration Date in Georgia
An eviction notice in Georgia takes effect the day after it is served. If the notice period is less than seven (7) days, weekends and legal holidays are not included, so only judicial days may be counted.
If the notice period is seven (7) days or longer, all days are counted in the period, including weekends and legal holidays. If the last day falls on a weekend or legal holiday, then the notice period will not officially expire until the end of the next judicial day (not counting weekends or legal holidays).
How to Serve an Eviction Notice 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 family member, 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.
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 § 9-11-4
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Notice Delivery: 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 - 8 GA Code § 9-11-6
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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.
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