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The Georgia eviction notice is a document that the landlord uses to inform the tenant that they are terminating the lease agreement and that the tenant has a certain number of days to vacate the property.
The landlord should also include the reasons for eviction in the eviction notice.
In some cases, the landlord can give the tenant the option to remedy the violation and continue their tenancy. If the tenant doesn’t fix the violation or vacate the property before the provided deadline, the landlord can file an eviction lawsuit.
Types of Eviction Notices in Georgia
The type of eviction notice mostly depends on the reason for the eviction and the type of the lease. Below, you can find all the types of eviction notices used in Georgia.
Notice to Pay Rent or Quit
The landlord in Georgia can evict the tenant for not paying the rent. Georgia statutes don’t specify how far in advance the landlord must notify the tenant. However, a 3-day notice is customary.
Notice for Non-Compliance
The landlord can evict the tenant who violates the provisions of the lease agreement or the Georgia landlord-tenant law. Landlords in Georgia are not obliged to offer a tenant a remedy for their violation.
However, the landlord should notify the tenant of the violation and inform them that they must leave the rental property. Georgian law doesn’t provide how much advance notice the landlord should give to the tenant, so the tenant can determine this according to their discretion.
Notice to End Month-to-Month Tenancy
This eviction notice is used for ending the tenancy without the fixed term (month-to-month tenancy) or when the term is over (holdover tenancy). The landlord is then obliged to give the tenant a 60-day notice to vacate the property. If the tenant remains at the property after the sixty-day period, the landlord can initiate the eviction process before the court.
Eviction Laws and Requirements in Georgia
Laws & Requirements
Rent grace period. No statute, as determined in the rental agreement.
Rent non-payment. Immediate notice (§ 44-7-50(a))
Violation of lease. Immediate notice (§ 44-7-50(a))
Periodic lease termination (month-to-month lease). 60 days by Landlord (§ 44-7-7)
Eviction procedure before the court. Dispossessory Proceedings (§ 44-7-49 - § 44-7-59)
When is Rent Late in Georgia?
The rent is due on the date provided in the lease agreement. If the parties haven’t determined it, the due date is the first day of the rental period. That would usually be the first day of the month or the first day of the week for a week-to-week tenancy.
Since Georgia law doesn’t provide a grace period for the rent payment, the rent is considered late as soon as the due date passes. So if the rent is due on the first of the month, it is considered late as of the second day of the month.
Grounds for Eviction in Georgia
The most common reasons for eviction in Georgia are:
Grounds for Eviction
Failure to pay the rent before the due date
Violation of the lease agreement or landlord-tenant laws and regulations
Property damage
Disturbing other residents
Using the property for illegal activities
Removing permanent fixtures
Termination of the periodical lease (month-to-month) or termination of the holdover tenancy
Eviction Process in Georgia
Below, you can see all of the steps in the eviction process before the court in Georgia.
#1. Write a Notice
A landlord initiates the eviction process in Georgia by issuing an eviction notice to the tenant. They can deliver the notice to the tenant personally, via certified mail, or by posting it in a conspicuous place at the leased property.
In any case, the landlord should make sure that they have proof that the tenant received the eviction notice.
#2. File the Eviction Lawsuit
If the tenant doesn’t leave the property before the deadline provided in the eviction notice, the landlord can file a dispossessory affidavit or warrant with the local county court. When filing the lawsuit, the landlord must also pay the filing fee, which ranges from $60 to $75.
#3. Serve the Tenant
The court then serves the summons and affidavit to the tenant, and the tenant has an opportunity to answer the landlord’s claims. If the eviction is initiated for non-payment of rent, the tenant can stop the eviction process by paying all the due rent within 7 days after they’ve received the summons from the court.
#4. Court Holds a Hearing and Issues the Judgment
If the tenant doesn’t submit an answer in the affidavit, the court hearing won’t be held, and the court will issue a default judgment in the landlord's favor. The same will happen if the hearing is scheduled and the tenant doesn’t appear for the hearing.
If the court makes a decision in the landlord's favor, the landlord can ask the court to issue the Writ of Possession 7 days after the judgment is issued. The Writ of Possession serves as a final notice to the tenant to leave the property before being forcefully removed.
Other Eviction-Related Forms in Georgia
Other Eviction-Related Forms
Dispossessory Affidavit. The landlord fills out this form and submits it to the court’s office to initiate the eviction process. The court then forwards a copy of this document to the tenant.
Answer Form. The tenant uses this form to provide an answer to the landlord’s claims and arguments to fight the eviction.
Application and Order for Default Writ of Possession. If the court issues the judgment in the landlord’s favor, the landlord can use this form to request that the court issue the Writ of Possession, based on which the sheriff can remove the tenant from the leased property.
Eviction Information for Landlords in Georgia
The landlord cannot evict the tenant from the property:
Eviction Information for Landlords
Based on discriminatory actions
As a retaliation for the tenant’s legal and legitimate actions
By using illegal methods of eviction like changing the locks at the property, shutting off the utilities like electricity and water, or removing the tenant’s belongings from the property.
If the landlord evicts a tenant illegally, they can be required to pay the tenant an amount equal to one month’s rent plus $500, reasonable attorney’s fees, and court costs.
Eviction Information for Tenants in Georgia
When the tenant receives the eviction notice, they should see if the landlord gave them the option to remedy the violation they’ve committed and remain at the property. If that’s the case, they should see what the deadline is for leaving the property.
If they think the eviction is not legitimate or legal, they can file and submit an answer to the landlord’s claims after receiving the Dispossessory Affidavit. In Georgia, if the reason for the eviction is rent non-payment, the court will give the tenant the option to pay the due amount within seven 7 days of receiving the summons.
How to Write an Eviction Notice in Georgia
Georgia Eviction Notice Checklist
Georgia Eviction Notice FAQ
You can file an eviction notice when you want to terminate the month-to-month lease or a tenancy at will or if the tenant:
Is late with their rent payment
Made a violation of the lease terms and landlord-tenant law
The landlord should always notify the tenant about the eviction and give them a proper deadline to vacate the property. The landlord cannot later initiate the eviction procedure before the court if they have not previously issued the eviction notice to the tenant.
The eviction procedure in Georgia can last between 1 and 3 months, depending on the reason for eviction and the type of lease. This process can be longer if the tenant contests the eviction.
Although the Georgia Statute in most cases doesn’t provide how far in advance the landlord should notify the tenant before eviction, it is customary that the landlord informs the tenant at least 3 days in advance about the eviction. Only in the case of a month-to-month lease must the landlord give the tenant at least 60 days to vacate the property.