A Georgia eviction notice form is a legal demand for a tenant to comply with the terms of the rental agreement or else move out of the premises. Georgia landlords may deliver an eviction notice because of unpaid rent, lease violations, or illegal activity on the rental property.
| Notice Form | Grounds | Curable? |
| 3 Day Notice To Quit for Nonpayment | Unpaid Rent or Other Fees | Yes |
| Notice To Comply or Vacate | Lease Violation | Maybe |
| Immediate Notice To Vacate | Illegal Activity | No |
| 30 Day Notice To Vacate | End of / No Lease | No |
| 60 Day Notice To Vacate | End of / No Lease | No |
A Georgia 3 Day Notice To Quit form evicts a tenant for nonpayment of rent or utilities and other fees owed to the landlord. In Georgia, a landlord can file this notice the day after rent is due, with no grace period for the tenant. The tenant must pay all past due rent and other fees, or else move out within three (3) business days. [1]
The three day notice requirement takes effect on July 1, 2024. Until that date, there is no prior notice requirement before a landlord can file for eviction.
A Georgia Notice To Comply or Vacate evicts a tenant for a lease violation. This might include damaging property, engaging in a health and safety violation on the premises, or interfering with the quiet enjoyment of neighbors.
The landlord gets to decide whether to allow the tenant an opportunity for corrective action. If the landlord decides against this, or the tenant does not fix the violation, then the tenant must move out by the specified date of termination. [2]
Georgia allows the landlord to issue a verbal warning to tenants who violate the lease. Written notice is not required before filing eviction for this cause.
A Georgia Immediate Notice To Vacate evicts a tenant for engaging in illegal activity, such as engaging in or promoting prostitution or building/setting up temporary or permanent structures to be offered as sleeping quarters for pay. The tenant is not allowed an opportunity for corrective action, and must move out of the rental unit immediately upon receiving notice. [3]
A Georgia 30 Day Notice To Vacate terminates a month-to-month lease or an expired lease, as well as a situation with no written lease where the tenant pays rent monthly. The non-terminating party must receive notice at least thirty (30) calendar days before the date of termination. [4]
This notice is for use by tenants. Landlords typically must provide 60 days of notice.A Georgia 60 Day Notice To Vacate terminates a month-to-month lease or an expired lease, as well as a situation with no written lease where the tenant pays rent monthly. The tenant must receive notice at least sixty (60) calendar days before the date of termination. [5]
This notice is for use by landlords. Tenants need only provide 30 days of notice, in most cases.To help ensure the legal compliance of an eviction notice:
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.
The “clock” for an eviction notice period starts “ticking” the day after the notice gets delivered (served). For example, to give at least 30 days of notice and begin court action as of June 30th, delivery of the eviction notice must be no later than May 31st.
In most jurisdictions, if the last day of a notice period is a Saturday, Sunday, or legal holiday, the notice period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday. This is called the “next judicial day;” in other words, the next day a courthouse is open. [6]
Georgia counts only judicial days (i.e., no weekends or legal holidays) for notice periods of less than seven (7) days . Longer periods are counted normally.
Georgia law specifies that an eviction notice must at minimum be posted, in a sealed envelope, to the door of the property. The law allows the rental agreement to (optionally) require other additional methods of notice as well. [7]
The posting requirement takes effect on July 1, 2024. Until that date, there is no specific requirement for service of an eviction notice, except that the notice must actually reach the tenant’s attention.
In all cases when a tenant fails to pay the rent, late fees, utilities, or other charges owed to the landlord when it becomes due, if the tenant refuses to pay the amount due or fails to deliver possession when so demanded after being provided with a notice to vacate or pay all past due rent, late fees, utilities, and other charges owed to the landlord within three business days, 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. Such affidavit may likewise be made before a notary public.
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.
As used in this Code section, the term:
30 days’ notice from the tenant is necessary to terminate a tenancy.
Sixty days’ notice from the landlord is necessary to terminate a tenancy.
COMPUTATION OF TIME. Except as otherwise provided by time period computations specifically applying to other laws, when a period of time measured in days, weeks, months, years, or other measurements of time except hours is prescribed for the exercise of any privilege or the discharge of any duty, the first day shall not be counted but the last day shall be counted; and, if the last day falls on Saturday or Sunday, the party having such privilege or duty shall have through the following Monday to exercise the privilege or to discharge the duty. When the last day prescribed for such action falls on a public and legal holiday as set forth in Code Section 1-4-1, the party having the privilege or duty shall have through the next business day to exercise the privilege or to discharge the duty. When the period of time prescribed is less than seven days, intermediate Saturdays, Sundays, and legal holidays shall be excluded in the computation.
The demand for possession notice under subsection (a) of this Code section or the three-day notice to vacate or pay under subsection (c) of this Code section shall be posted in a sealed envelope conspicuously on the door of the property and delivered via any additional method or methods agreed upon in the rental agreement.
