Make a Georgia Eviction Notice

What are the Components of a Georgia Eviction Notice?

There are two basic types of Georgia eviction notices. Both have the same basic components:

• The legal name(s) of the tenant(s) who signed the lease and are legally required to uphold its terms
• The address of the rental property
• The date the eviction notice was created
• How the eviction notice was served on the tenant (referred to as proof of service or certificate of service)
• The contact information of the landlord or property manager
• The printed name and signature of the landlord or property manager

• A disclosure paragraph that reads “YOU ARE FURTHER NOTIFIED THAT, the owner/landlord does hereby elect to declare that forfeiture of your lease or rental agreement under which you hold possession of the proceedings to recover rent and possession of said premises which would result in a judgment against you including costs and necessary disbursements together with possible statutory damages as allowed by law for such lawful detention.”

Georgia eviction notices are also known as a notice to quit. The number of days the tenant receives to correct the issue or vacate the property depends on the reason the eviction notice was issued. They also have specific additional components.

Georgia Immediate Notice to Quit for Non-Payment of Rent

One of the most common Georgia eviction notices is known as an Immediate Day Notice to Quit for Non-Payment of Rent. This eviction notice must comply with § 44-7-50. In the State of Georgia, the landlord is not required to send out this notice if the tenant doesn’t pay rent. It is sent as a courtesy. The notice informs the tenant that they are behind on rent and must pay what is owed immediately or the landlord may immediately file an eviction lawsuit.

If this notice is used, it must include:

• The amount of rent that is past due
• The date by which it must be paid.

Again, there is no state statute that requires landlords to give past-due tenants a certain time period to catch up their rent.

Georgia Notice to Quit for Curable Non-Compliance

Landlords are not required by landlord-tenant law to give any notice to tenants before evicting them for non-compliance with the lease. However, landlords are generally encouraged to inform tenants of an issue of non-compliance so that it may be corrected and the property may continue to be occupied. Unless the violation is serious, the landlord may want to consider the long-term cost associated with vacant property.

Georgia Lease Termination Letter – 60 Day Notice

A 60-day month-to-month notice to quit isn’t technically an eviction notice. However, it plays a similar role because it informs the tenant that the landlord does not plan to renew the lease and requests that the tenant vacates the property. Under §47-7-7, landlords must give the tenant 60 days to end a month-to-month tenancy. The tenant must give the landlord 30 days’ notice.

This notice must:

• Include the date by which the tenant should vacate the property.

Service of a Georgia Eviction Notice

For service, the landlord may have the tenant personally served, serve a member of the household or an employee at the tenant’s place of business if they are of suitable age, through the mail, or it can be posted on the front door of the property.

What are the Legal Considerations of a Georgia Eviction Notice?

Unlike most other states in the US, Georgia has some lax laws related to eviction. Landlords are not legally required to provide tenants with a certain number of days of notice to correct non-payment of rent or a violation of the lease. For both, landlords can start the eviction process through the course immediately.

With that said, not all evictions are legal. Illegal evictions happen if the landlord wants to evict the tenant for reporting code violations related to the property (known as retaliatory eviction), if the landlord wants to evict the tenant for discriminatory reasons, or if the tenant wants to use “self-help eviction” methods instead of going through the court. Self-help means the landlord changes the locks, shuts off the utilities, or removes the tenant’s property from the rental unit without a court order.

Eviction Information for Georgia Tenants

If you are sued for eviction or if you receive an eviction notice from your landlord, make sure that you have documentation. Also, you should talk with a lawyer, legal clinic, or legal aid office to determine whether the eviction was legal. If the eviction was illegal, you may have the right to sue the landlord. You may also have a counterclaim if you're being evicted.

Eviction Information for Georgia Landlords

Georgia evictions are different than in most other states. Landlords aren’t required to provide a written eviction notice that provides a certain amount of notice to the tenant. To learn more about evictions, make sure that you talk with a Georgia landlord-tenant lawyer.