Updated March 06, 2023
A Georgia eviction notice is a letter given by landlords to tenants when the terms of the lease have been broken by the tenant. The landlord will give notice describing the violation and how long the tenant has to fix the issue. If the tenant fixes the issue by the end of the notice period, the lease will return to compliance and continue until its end date.
If the tenant fails to cure the violation, they will be asked to vacate the property, and an eviction lawsuit (dispossessory action) can be filed in the local court by the landlord.
By Type (3)
Immediate Notice to Quit (Non-Payment) – Use to ask your tenant to leave after the tenant has breached the lease and you have followed the terms of the lease with regard to termination and notice requirements.
Download: Adobe PDF
Immediate Notice to Quit (Non-Compliance) – To request the tenant fix a lease violation for any reason other than late rent.
Download: Adobe PDF, MS Word, OpenDocument
60/30 Day Notice (Month-to-Month Tenancy) – Use to give your tenant notice that you do not intend to renew the lease at the end of the term. The Landlord is required to give at least sixty (60) days’ notice to the Tenant while the Tenant must give at least thirty (30) days’ notice to the Landlord.
Download: Adobe PDF, MS Word (.docx), OpenDocument
Table of Contents |
Eviction Laws
- Rent Grace Period: As described in the rental agreement.
- Non-Payment of Rent (§ 44-7-50(a)): Immediate notice.
- Non-Compliance (§ 44-7-50(a)): Immediate notice.
- Termination (Month-to-Month Lease) (§ 44-7-7): 60 days by Landlord, 30 days by Tenant.
- Eviction Lawsuit: Dispossessory Proceedings (§ 44-7-49 through § 44-7-59)
Court Forms
Dispossessory Affidavit – This document is served on the tenant should they fail to comply with the Notice to Quit. It indicates that the landlord has filed with the court and that there is a lawsuit against the tenant.
Answer Form – The tenant may reply to the Disposessory Warrant with an answer form defending their claim to stay on the premises.
Writ of Possession – Should the judgment be in favor of the landlord, a Writ of Possession will be completed and delivered to the Sheriff requiring them to remove the tenant on the day indicated in the document.
When is Rent Late?
Rent is considered late if it is not received on the date it was due as specified in the terms of the lease.
How to Evict (Process)
Step 1 – Make sure you have read your lease carefully and abide by the notice and termination terms set forth therein. You will then either provide the tenant with an Immediate Day Notice of Quit (Non-Payment) or a Month-to-Month Notice to Quit.
Step 2 – If the tenant fails to respond to the notice, you are then entitled to file a dispossessory action in your Local Magistrate Court. The courts have the form you need to file – you must use the Dispossessory Affidavit. You will need to have your tenant’s name and address, the reason that you are seeking dispossession and you will need to certify that you provided notice to your tenant to vacate the premises.
Step 3 – The dispossessory warrant will have to be served on the tenant usually by a sheriff or other approved State serving method.
Step 4 – The tenant will have seven (7) days to respond with an Answer Form (tenant may use the Online Form Service to fill-in). If the tenant does not respond, the landlord may obtain a Writ of Possession from the court to take back possession of the premises. Again, you will need to obtain from your local court. Once the landlord has a Writ of Possession signed by the court, he or she can have the sheriff remove the tenant.