A Georgia Notice To Quit for Nonpayment of Rent is a letter that complies with state legal requirements to begin eviction against a tenant for nonpayment of rent. A landlord may evict immediately upon delivering this notice if rent remains unpaid, but it is common practice in state to demand that the tenant pay the balance due or move out within three (3) days.
When To Use a Georgia Notice To Quit for Nonpayment of Rent
A Georgia Notice To Quit for Nonpayment of Rent begins the eviction process when rent is late. A landlord may file this notice when any portion of the rent remains unpaid, beginning the day after rent is normally due.
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 Quit for Nonpayment of Rent
To help ensure the legal compliance of a Notice To Quit:
- 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 payment 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 Quit for Nonpayment of Rent
Georgia law is not specific on requirements for delivering an initial Notice To Quit, 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
Sources
- 1 NOLO Legal Encyclopedia - Evictions in Georgia
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Georgia law has no set time frame for how long a landlord must wait after giving the tenant an eviction notice and filing an eviction lawsuit. Best practice for landlords is to wait at least three days before filing the eviction lawsuit, to give the tenant time to pay the rent or move out of the apartment.
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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