A Georgia Immediate Notice to Vacate is an official eviction letter written by the landlord and served to the tenant for illegal conduct on the premises, such as promoting prostitution. The tenant does not have the option to fix the violation and must vacate the rental unit immediately.
When to Use a Georgia Immediate Notice to Vacate
Use an Immediate Notice to Vacate to begin the eviction process in Georgia:
- If the tenant is engaged in or promoting prostitution.
- If the tenant is involved in any other types of illegal conduct or criminal activity (this does not include lease violations, such as unauthorized pets or health/safety violations).
If the above is not true, use one of the below forms to evict a tenant:
- Notice to Quit for Nonpayment of Rent – If the tenant is late on rent (starting the day after it’s due), either in part or in full.
- Notice to Comply or Vacate – If the tenant failed to maintain the premises in a clean and sanitary manner, violated rules with too many occupants at the premises, unauthorized pets or any other violations of the lease or rules/regulations.
- 60 Day Notice to Vacate – If the landlord or tenant terminates a month-to-month lease. This lease termination letter may also be used for tenants with no written lease that pay rent monthly or for tenants with an expired lease.
How to Write a Georgia Immediate Notice to Vacate
The Georgia Immediate Notice to Vacate form shall be completed as follows:
- Write all adult tenants’ names (do not include minors);
- Fill in the complete address of the rental premises;
- Specify the incurable breach or violation;
- Include the tenant’s balance due, if applicable;
- Enter the date the tenancy terminates;
- Include the date the notice is served;
- Landlord prints name and signs notice;
- Landlord includes address and phone number.
How to Serve a Georgia Immediate Notice to Vacate
Landlords may choose to deliver the immediate notice to vacate on a day when the courthouse is open so that an eviction proceeding can be filed for immediately on the same day, but this is not required by law. 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.
Sources
- 1 GA Code § 44-7-18
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“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.
Source Link - 2 GA Code § 9-11-4
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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 - 3 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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