A Georgia Notice to Comply or Vacate is an official eviction document delivered to tenants for a breach of the lease. The tenant may be given the opportunity to fix the violation in a reasonable amount of time or the tenant must move out by the date set forth by the landlord.
When to Use a Georgia Notice to Comply or Vacate
Use a Notice to Comply or Vacate to begin the eviction process in Georgia:
- If the tenant failed to maintain the premises in a clean and sanitary manner.
- If the tenant violated the rules with unauthorized pets.
- If the tenant violated the rules with too many occupants residing at the premises.
- If the tenant committed any other violations of the lease.
If none of the above are true, use one of the below forms to evict a tenant:
- Nonpayment of Rent Notice to Quit -If the tenant is late on rent (starting the day after it’s due), either in part or in full.
- Immediate Notice to Vacate – If the tenant is engaging in or promoting prostitution or is involved in any unlawful or criminal conduct on the premises.
- 60 Day Notice to Vacate – If the landlord or tenant terminates a month-to-month lease. This lease termination letter is for tenants with no written lease that pay rent monthly or for tenants with an expired lease.
How to Write a Georgia Notice to Comply or Vacate
The Georgia Notice to Comply or 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 rule or lease violation;
- Enter the date and time when the violation must be cured by;
- Include the tenant’s balance due, if applicable;
- Include the date the notice is served;
- Landlord prints name and signs notice;
- Landlord includes address and phone number.
How to Serve a Georgia Notice to Comply or Vacate
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 § 44-7-50
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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 § 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 - 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.
Source Link