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 law is not specific on requirements for delivering an initial Notice To Vacate, 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
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.
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 § 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