A Georgia Immediate Notice To Vacate is a letter that complies with state legal requirements to begin eviction against a tenant for illegal conduct on the premises, such as promoting prostitution. The tenant is not given an opportunity to take corrective action, and must move out immediately upon receiving notice.
When To Use a Georgia Immediate Notice To Vacate
A Georgia Immediate Notice To Vacate begins the eviction process for the following tenant violations:
- Engagement in or promotion of prostitution
- Placement or setup of any structure on the premises (including temporary) to be offered as sleeping quarters for pay
Some types of Georgia lease termination notice may allow different reasons for termination, or different notice periods. This may also apply to an eviction notice issued because of a lease or legal violation.
How To Write a Georgia Immediate Notice To Vacate
To help ensure the legal compliance of a Notice To Vacate:
- Use the full name of the receiving parties, and address of record, if known
- Specify the termination date of the lease or tenancy
- Specify the basis upon which the tenancy will terminate
- 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 Serve a Georgia Immediate Notice To Vacate
Georgia landlords may deliver a Notice To Vacate on a “judicial day” (a day when the courthouse is open), to be able to file an eviction action in court on the same day, but this is not a legal requirement. Delivery of notice may be through any of these methods:
- Hand delivery to the other party
- Hand delivery to a person of suitable age on the property who can accept the notice on behalf of the other party
- Delivery by first class mail, with a certificate of mailing
To account for variable delivery times, mailed notice extends the notice period by three (3) calendar days.
Under Georgia law, this type of notice delivery is technically for a waiver of regular service. There may be situations where a difficult tenant must be served by a court-approved process server, although the court will usually make the tenant liable for the cost of doing so.
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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