Georgia Notice to Comply or Vacate | Eviction Notice Form

A Georgia Notice To Comply or Vacate is a letter that complies with state legal requirements to begin eviction against a tenant for a breach of the lease. The tenant must take appropriate corrective action within a “reasonable” amount of time given the circumstances, or else move out by the specified date of termination.

When To Use a Georgia Notice To Comply or Vacate

A Georgia Notice To Comply or Vacate begins the eviction process for the following tenant violations:

Failure to maintain the premises in a clean and sanitary manner
Unauthorized pets on the premises
Occupancy violations
Other violations of the lease

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 Notice To Comply or Vacate

To help ensure the legal compliance of a Notice To Comply or 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, and the corrective action(s) necessary to avoid termination
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 Notice To Comply or Vacate

Georgia law is not specific on requirements for delivering an initial Notice To Comply or 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

note

In almost all cases, notice is legally served when it is received by the other party, NOT when it’s sent. Check specified date of termination carefully to ensure compliance with the legal requirements for a notice period.

Sources

1 GA Code § 44-7-50: 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 § 44-7-51(a): 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