A Georgia eviction notice is a document issued by landlords to inform tenants of lease violations like unpaid rent or other breaches and to provide a timeframe to resolve the issue. This notice must include the specific violation, required corrective actions, and a deadline for compliance.
As of July 1, 2024, state law mandates a three-day notice period before evicting a tenant for nonpayment of rent. If the tenant fails to comply, the landlord can proceed with filing an eviction lawsuit (“dispossessory action”) in the local court.
If the tenant doesn’t pay their rent, the landlord can submit this eviction notice demanding possession of the property.
Used by a landlord to notify their tenant that they’ve violated the terms of their lease.
This type of eviction notice is used by a landlord who doesn’t wish to renew a tenant’s lease.
If a tenant fails to pay rent or leaves the rental property, a landlord may file an eviction lawsuit to remove the tenant. The procedure begins with an affidavit filed with the court (Ga. Code § 44-7-51).
After receiving the eviction notice, a tenant can pay rent and any additional charges up to seven days after receiving the eviction lawsuit papers (Ga. Code § 44-7-52) or move out. If the tenant neither pays nor moves out, the eviction process can be moved through the court system as follows:
The landlord files a dispossessory affidavit or dispossessory warrant with the court. These documents include the full names of the parties, the reason for eviction, a declaration that the landlord demanded possession of the property but was denied, and the amount of overdue rent.
If the court decides in the landlord’s favor, the judge will issue and sign a summons to be served on the tenant. The sheriff personally serves the summons on the renter, leaves it with someone at the tenant’s residence, or posts it on the property and then mails the tenant a copy by certified mail (tack and mail).
The renter has seven days to file a dispossessory answer to the summons in court or on their own. If the tenant timely answers, the court sets a hearing date within 10 days. If the tenant doesn’t answer, the landlord files a default and asks for a writ of possession.
The sheriff serves the writ of possession on the tenant, who has 24 hours to move out. If the tenant refuses to move out, the court schedules a hearing.
If the tenant wins at trial, they may stay. If the landlord wins, the court orders a writ of possession, giving the tenant 10 days to move out. If the tenant still doesn’t move out, the landlord can get the sheriff to forcibly remove the tenant. Both parties can appeal the court’s ruling should they choose.
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