Georgia Eviction Notice Requirements

Georgia evictions start with a demand for possession under O.C.G.A. § 44-7-50. Before filing for unpaid rent, late fees, utilities or other charges, the landlord must give a written notice to vacate or pay giving the tenant three business days, so weekends and holidays don't count. Georgia law sets no fixed cure period for other lease violations, so the lease terms control. To end a tenancy at will, such as a month-to-month arrangement, the landlord must give 60 days' notice, while a tenant gives 30 days.

The notice to vacate or pay must be posted in a sealed envelope on the door of the property and also delivered by any other method the rental agreement calls for. It should state the amount owed and the deadline to pay or leave. For other violations, the demand for possession need not be in writing, but a dated written demand naming the tenant, the property and the violation makes it much easier to prove when notice was given.

If the tenant doesn't comply, the landlord files a dispossessory affidavit in magistrate court in the county where the property is located, and the tenant has seven days after service to answer. Self-help evictions are illegal in Georgia: a landlord may not lock out a tenant or block access without going through the court process, and may not knowingly cut off heat, cooling, light or water service before the judge's final decision. A writ of possession, with removal generally supervised by the sheriff, is required to remove a tenant.