A Georgia Notice to Quit for Nonpayment of Rent is an eviction document served to tenants for unpaid rent. Georgia law does not require the landlord to give the tenant more time to pay past due rent, however it is common practice to grant tenants three (3) days before filing an eviction.
When to Use a Georgia Notice to Quit for Nonpayment of Rent
Use a Notice to Quit for Nonpayment of Rent to begin the eviction process in Georgia if the tenant is late on rent (starting the day after it’s due), either in part or in full.
If the above is not true, use one of the below forms to evict a tenant:
- Notice to Comply or Vacate – If the tenant failed to maintain the premises in a clean and sanitary manner, violated rules with too many occupants at the premises, unauthorized pets or any other violations of the lease or rules/regulations.
- Immediate Notice to Vacate – If the tenant is engaging in or promoting prostitution or is involved in any unlawful or illegal conduct on the premises.
- 60 Day Notice to Vacate – If the landlord or the tenant terminates a month-to-month lease. This lease termination letter may also be used for tenants with no written lease that pay rent monthly or for tenants with an expired lease.
How to Write a Georgia Notice to Quit for Nonpayment of Rent
The Georgia Notice to Quit for Nonpayment of Rent form shall be completed as follows:
- Write all adult tenants’ names (do not include minors);
- Fill in the complete address of the rental premises;
- Enter the amount of rent due and the date it became due;
- Include the total amount to be paid;
- Explain where the total amount due should be paid;
- The date the total amount is due or the date the tenant must vacate the premises;
- 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 Quit for Nonpayment of Rent
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 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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