Notify tenant of intent to evict in Georgia: Georgia Eviction Notice
What we’ll cover
What is a Georgia Eviction Notice or Notice to Quit?
If you own or manage residential property in Georgia, you can create a Georgia Eviction Notice to notify renters of impending legal action if they do not comply with the terms of the lease agreement or leave the property when lawfully asked to do so.
With Georgia Eviction Notices, you can enforce your terms, while still giving your tenant(s) time to address the issue before a specific deadline. That said, in some instances, there won't be any resolution, and going to court is inevitable.
Our Eviction Notice for Georgia can be used for residential property within the Peach State. If rent control or local laws complicate your tenant eviction, you may want to consult a Rocket Legal Pro™.
When to use a Georgia Eviction Notice:
- Your tenant has failed to pay the rent.
- Your tenant has violated a provision of the lease or rental agreement.
- Your tenant materially damaged the property.
- Your tenant is a nuisance or has caused trouble among other tenants.
- Your tenant has used the property for illegal activity.
- You wish to end a periodic tenancy (such as month-to-month).
- The lease has expired and the tenant has remained on the property.
Please note: you may never forcibly evict a tenant without going through the formal tenant eviction process.
Sample Georgia Eviction Notice
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Complies with relevant laws
NOTICE TO PAY RENT OR QUITTO CURE OR QUITTO DEMAND POSSESION
, Georgia
TO TENANT(S) AND ALL OTHERS IN POSSESSION OF THE PREMISES LOCATED AT:
, , Georgia
PLEASE TAKE NOTICE that the tenancy pursuant to the lease and/or rental agreement dated under which you hold the possession of the herein described premises there is now due unpaid and delinquent rent in the total sum of , representing rent due for the period from to .
PLEASE TAKE FURTHER NOTICE that within days after service of this notice, you are hereby required to pay the above-listed amount in full OR quit the subject premises, move out, and deliver up possession of the same to . Failure to pay the rent in full OR vacate the premises WITHIN days as required by this notice will result in forfeiture of the lease and/or rental agreement and will institute a dispossessory action against you to recover rent, damages and possession of said premises.
PLEASE TAKE NOTICE that you have violated the following term(s) in your lease and/or rental agreement dated : .
PLEASE TAKE FURTHER NOTICE that within days after service of this notice, you are hereby required to perform the aforesaid covenant(s) OR quit the subject premises, move out, and deliver up possession of the same to . Failure to perform aforesaid covenant(s) OR vacate the premises WITHIN days as required by this notice will result in forfeiture of the lease and/or rental agreement and will institute a dispossessory action against you to recover rent, damages and possession of said premises.
PLEASE TAKE NOTICE that your tenancy under which you hold the possession of the herein described premises is hereby terminated as of the date SIXTY (60) days after the service of this NOTICE upon you. YOU ARE HEREBY required to quit and surrender possession thereof to on or before the date SIXTY (60) days after service of the NOTICE upon you. Failure to do so will result in forfeiture of the lease and/or rental agreement and will institute a dispossessory action against you to recover rent, damages and possession of said premises.
PLEASE TAKE NOTICE that the lease and/or rental agreement under which you hold the possession of the herein described premises has expired as of .
PLEASE TAKE FURTHER NOTICE that within days after service of this notice, you are required to quit and deliver up possession of the premises to on or before that date. Failure to do so will result in forfeiture of the lease and/or rental agreement and will institute a dispossessory action against you to recover rent, damages and possession of said premises.
THIS IS INTENDED AS A SIXTY (60) DAY LEGAL NOTICE FOR THE PURPOSE OF TERMINATING YOUR TENANCY. THIS NOTICE IS IN ACCORDANCE WITH GEORGIA STATE PROPERTY CODE.
THIS IS INTENDED AS A DAY LEGAL NOTICE FOR THE PURPOSE OF TERMINATING YOUR TENANCY. THIS NOTICE IS IN ACCORDANCE WITH GEORGIA STATE PROPERTY CODE.
LANDLORD RESERVES ALL THE RIGHTS AND REMEDIES PROVIDED UNDER THE RENTAL AGREEMENT AND UNDER APPLICABLE LAWS OF THE STATE OF GEORGIA INCLUDING BUT NOT LIMITED TO DAMAGES FOR UNPAID RENT OR PROPERTY AND NOTHING IN THIS NOTICE MAY BE CONSTRUED AS A WAIVER OF SUCH RIGHTS AND REMEDIES.
Dated:
| By: | ______________________________ |
| , |
Georgia Eviction Notice Checklist
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___Sign this document. This document needs to be signed by:
___Everyone gets a copy. Each tenant named in the document should receive an individual copy of the signed notice.
___Serve the document. Deliver the notice to the tenant in a way that the landlord can prove to the court that the notice was actually delivered. If you have chosen to serve on your own behalf, create an Affidavit of Service at RocketLawyer.com upon completion of service.
Important Details
You may never forcibly evict a tenant without going through the formal tenant eviction process.
If the tenant(s) remain in possession of the property after the notice has expired, you can then proceed with a formal eviction case (also known as a Dispossessory action) in local court. However, the eviction process is a large expense and you should try to work it out with the tenant(s) whenever possible.
If after the notice is delivered, and the tenant has not complied with the notice (either paid rent, fixed the violation, or vacated the property), you can go to the local court where the property is located and file a Dispossessory Affidavit. The Dispossessory Affidavit is a formal oath asking the court to evict the tenant from the property.
About Eviction Notices in Georgia
Learn about how to notify tenant of intent to evict in Georgia
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Different types and reasons for evictions in Georgia
REASON FOR EVICTION
TYPE OF NOTICE
NUMBER OF DAYS FOR NOTICE
LAWS
Nonpayment of rent
“Georgia Notice to Pay Rent or Vacate”
7 days’ notice
Official Code of Georgia § 44-7-52
Violation of lease or rental agreement
“Georgia Notice to Cure or Vacate”
Landlord’s choice
Official Code of Georgia § 44-7-49 et seq.
Lease holdover
“Georgia Notice to Demand Possession”
Landlord’s choice
Official Code of Georgia § 44-7-47 et seq.
Termination of monthly periodic tenancy
“Georgia Notice to Demand Possession”
60 days’ notice
Official Code of Georgia § 44-7-7
Regardless of the type of notice you need, we can help you build it. Get started now!
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Requirements, liabilities, and tenant protection for evictions in Georgia
EVICTION NOTICE REQUIREMENTS IN THE CASE OF: NONPAYMENT OF RENT
If a tenant didn't pay rent and gets a notice to leave, they have a week to pay all the rent they owe and any fees. If they do, they may stay in the property. (Official Code of Georgia § 44-7-52)
EVICTION NOTICE REQUIREMENTS IN THE CASE OF: NONCOMPLIANCE
No statute.
NOTICE REQUIREMENTS AND LANDLORD LIABILITY REGARDING PERSONAL PROPERTY
Seven days after a court rules a tenant has to leave, the landlord may get a document called a "writ of possession." This allows the landlord to remove the tenant's property from the unit with no liability. (Official Code of Georgia § 44-7-55)
TENANT PROTECTION REGARDING FORECLOSURES
No statute.
MORE RELEVANT LAWS
Official code of Georgia §§ 44-7-49 through 44-7-59.
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How to write a Georgia Eviction Notice
Below is a list of details you may need when preparing a Georgia Eviction Notice. Not all items will apply to every situation. Any documents related to the rental agreement, lease violation, including any late rent notices or proof of lease violation, will also be helpful.
1. Start with the rental addresses
Addresses of the rental property and landlord or property management company.
2. List all tenant names
Every tenant listed on the Lease Agreement, pays rent, or lives there must be included in the notice.
3. Include the status and date of the Lease Agreement
Whether the lease is still active or not, or if there is a lease at all.
4. Detail the reason that the notice is being served
Landlords should always refer to state laws regarding evictions to make sure they have a legally valid reason to evict a tenant. The reason for the eviction will determine the type of notice being delivered.
Review each provision in the lease or rental agreement. If you are evicting tenants for unpaid rent, determine the amount of unpaid rent, if any. If you are evicting tenants for lease violations, determine violations of the lease or rental agreement, if any. Including documentation and the original lease agreement is also a good idea.
Remember, you will need to confirm that any policies and terms referred to in the Eviction Notice are actually present in the fully executed rental contract or lease agreement.
5. Provide the number of days for the notice period
The Eviction Notice should clearly spell out how much time the tenant has to resolve the situation before further legal action is taken. Rocket Lawyer can help you determine how much notice is required for your state and situation and build the right type of Eviction Notice.
6. Attach the proof of service
When using a proof of service to document the delivery of an Eviction Notice, the serving party should sign the document at the time of delivery. In Georgia, this is often called an Affidavit of Service.
Luckily, you don't need to start from scratch when making a Georgia Eviction Notice with Rocket Lawyer. Just answer a few simple questions and we’ll build the right eviction notice for the situation, as well as help with next steps on how to serve your Eviction Notice.
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The eviction process in Georgia: what happens after making an Eviction Notice?
Now that you have made your Georgia Eviction Notice with Rocket Lawyer, you might be wondering: what now?
The next step is to serve it. You must sign the notice before serving it on the tenant(s) – and there are a few methods for serving the notice:
- Deliver it by hand.
- Work with a process server.
- Send the notice via certified mail with a return receipt.
Please remember that "self-help" or "DIY" evictions are illegal in Georgia. Landlords shouldn't throw out belongings, shut off utilities, change the locks, or in any way attempt to intimidate tenants in an effort to force them to move. Taking the appropriate lawful actions before and throughout the eviction process is critical to removing tenants successfully under a court order.
What happens after the notice period?
If a tenant does not pay rent or move out after the notice period, the landlord can choose to file an eviction lawsuit, also known as a Dispossessory Action.
What are some essentials throughout the eviction process?
As you prepare to file for an eviction, it is always a good idea to work with a lawyer. An attorney with experience in evictions can answer your questions and help make sure you follow local laws and processes. Also, outside of reviewing your Eviction Notice document, your lawyer can help you prepare and argue your case once it goes in front of a judge.
In order to assemble all of your records for your lawyer, you may want to fill out an Eviction Process Worksheet. This document provides basic information about your tenant and their violation(s) of your rental agreement. You can also attach documentation, including a copy of the lease, photographs of the damage, repair estimates, written statements of witnesses, police reports, and other records to support your case.
If you need to move forward with legal action after delivering the Eviction Notice, you will need to file your lawsuit properly with the local courts. The Georgia website can tell you which documents you will need to file and what the fees might be – or you can ask a lawyer to get started and find an attorney in your state. A local lawyer with experience in evictions can help you navigate the process efficiently.
Georgia Eviction Notice FAQs
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Do I need an Eviction Notice in Georgia?
Generally speaking, yes, if you wish to remove a tenant from your Georgia rental property, you must always provide them with a Notice of Eviction first to start the process.
Some of the most common situations in which you might need one include:
- The tenant is habitually late to pay their rent or they are behind on payments.
- The tenant has caused substantial damage.
- The tenant harasses or disturbs the quiet enjoyment of their neighbors.
- The tenant is using your property for an illegal business.
- The tenant gets a dog or cat and the rental contract forbids pets.
- The tenant sublets their unit in breach of the agreement.
Outside of these violations, a renter may also be evicted for reasons unrelated to anything they’ve done wrong – like when the property owner needs to move back in.
Please note that the list above isn't exhaustive and that the acceptable reasons for evicting a tenant may be a little different from place to place. If you've got any concerns about Georgia eviction laws, reach out to a Rocket Legal Pro™.
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Do I need a lawyer if I am evicting someone in Georgia?
While you can choose to make a Georgia Eviction Notice without support from a lawyer, many landlords find having a lawyer available for questions and consultations extremely helpful.
A Rocket Legal Pro™ with experience in landlord-tenant matters can help you with evictions, or any other issues that may arise. A Rocket Legal+ membership provides significant discounts on Pro Services, including attorney consultations, and unlimited customizable and e-signable rental documents, at an incredibly low price.
As a property owner or manager, you can be confident that Rocket Lawyer is by your side.
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How do Georgia eviction laws affect me as a rental property owner?
Laws change depending on where you (and your property) are. The notice periods in Georgia, for example, might be different from the ones in other states – in fact, there might even be differences between counties and cities. All the ways the document may be served to the tenant also vary.
This is all to say that the eviction process and restrictions can be complicated to navigate, particularly when keeping in mind state-specific requirements. As a result, it is strongly recommended that every property owner connect with a lawyer when making a Notice of Eviction in Georgia - or anywhere else - to any tenant.
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How do I create a Georgia Eviction Notice template for free?
Don’t worry – you don’t have to make it all on your own: you can use the document tools on Rocket Lawyer to make a Georgia Eviction Notice for free. All you have to do is answer a few simple questions and we will put together a customized notice for you, piece by piece, and with all the details customized to your situation. This is often much less time-consuming than other solutions.
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How is a Georgia Notice to Vacate structured?
That might change a little depending on the type of Eviction Notice you may need. However, some information must always be provided. Before getting started, you might want to gather the following critical details:
- The address and description of the property.
- The renter's contact information.
- How many past due rent payments should be made (if any) to bring the tenant into compliance with the lease or rental agreement.
- Which of the lease clauses have been violated (and a copy of the Lease Agreement, in this case).
- How much time the tenant has to resolve the situation.
In the event that the tenant isn't at fault, you may want to provide more context. Further customization is permitted as well. You'll need to confirm that all of the policies and terms mentioned in the Georgia Eviction Notice are present in the fully executed rental contract.
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How much might it normally cost to evict a tenant in Georgia?
The cost of an eviction varies widely depending on your location and the specifics of the situation. Some things to consider are the cost of filing court documents, legal fees, the value of unrecovered payments, storage or cleaning fees, as well as the money and time spent finding a replacement tenant.
A Rocket Legal+ membership provides savings for some of these expenses, including unlimited customizable and e-signable rental documents, significant discounts on Pro Services, and ongoing support for your rental property business.
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How long does it take to complete the Georgia eviction process from beginning to end?
The duration of the eviction process for Georgia tenants will usually depend on the notice period required, as well as the lawsuit period if you proceed with one.
Below, you'll find a basic explanation of Georgia notice periods to get you started:
- Past-due rent: Notice is required by law, but there is no time limit.
- Violation of rental contract: Notice is required by law, but there is no time limit.
- No direct fault: 60-day notice.
If the tenant decides to leave before the notice period ends - which is common - the process actually becomes a lot shorter.
If that doesn’t happen, when your notice period is over, the actual eviction may take up to 4 weeks. Please note that with certain kinds of housing, for instance where rent is subsidized, the mandated notice period is often even longer.
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What are my next steps after I have made an Eviction Notice/Notice to Quit in Georgia?
After making a Georgia Eviction Notice, the next step is to serve it. You may read more about the eviction process in Georgia and everything that follows here.
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What happens after the given notice period is over in Georgia?
If a tenant does not pay rent after being given a notice, the landlord can choose to file an eviction lawsuit, also known as a Dispossessory Action.
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