Georgia Eviction Notice Forms

The landlord-resident relationship may not always be impeccable. Most conflicts can be resolved peacefully in compliance with the Rental Agreement created before the tenant gains possession of the rental property and is signed by both parties. Though, if a non-payment or non-compliance takes place and does not seem to be settled out of court, there are measures to take.

Termination of the lease can be initiated due to the tenant’s failure to abide by the contract, and in such a case, it is advisable to create the eviction notice template. The reason for eviction has to be indicated in writing. It might vary from rental payment delay or a substantial rental debt to a major criminal act committed on the premises (either residential or commercial). The lessee has several options: comply with the demand, move out, or, if the tenant does not agree with the accusation, he or she is allowed to defend in court.

It is advisable to consult an authorized specialist prior to the document completion, as it is of significant importance. You will find the following data in the paper:

  • Tenant’s full name and residential address;
  • Rental debt indicated in US dollars (if applicable);
  • The date until paying off the debt is acceptable;
  • Landlord’s record of service.
Georgia Eviction Notice Form

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Georgia Eviction Laws

All procedures concerning eviction are regulated by Title 44, Chapter 7, Article 3 of the Georgia state law.

According to GA Code § 44-7-50 (2018), if the tenant holds possession of lands after a failure to transmit rental payment or after the contract has been terminated, the landlord can demand immediate vacation of the premises. In case the tenant does not move out, it is lawful to go to court and initiate a legal process.

If the landlord has decided to initiate eviction because of the tenant’s delay in payment of the required monetary funds, the latter, according to GA Code § 44-7-52 (2018), is allowed to tender the sum within seven days (if the breach has not repeatedly happened during the last 12 months).

Do not forget that an individual who has intentionally provided false or incorrect information in the documents submitted to the court under oath or affirmation is considered to be guilty of a misdemeanor.

Georgia Eviction Notice Laws Details

Rent Grace Period As stated in the lease
Notice of Non-Payment Immediate
Notice of Non-Compliance Not specified
State Laws Georgia Code, Title 44, Chapter 7

Eviction Notice Types Used in Georgia

There are several papers to be aware of when it’s necessary to evict the resident:

  • Immediate Day Notice of Quit (Non-Payment)

The landlord is about to use such a paper in case the tenant has not provided rental payment on time and send it out of courtesy. After the lessee has received this type of notice, he or she must pay the debt or leave the premises. Otherwise, the eviction process will begin.

  • 30 Day Month-to-Month Notice to Quit

Once the landlord has decided not to renew the rental agreement with the current tenant, he or she is supposed to inform the lessee about it in written form. This type of paper will grant the tenant 30 calendar days to find a new place and vacate the premises. The same form is used when the tenant intends to withdraw the lease as well.

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GEORGIA NOTICE TO QUIT

Date of this Notice to Quit:

__________________________________________

Name of Landlord:

__________________________________________

Name(s) of Tenant(s) and all

__________________________________________

Adults Residing at the Leased Premises:

__________________________________________

 

__________________________________________

 

__________________________________________

 

__________________________________________

 

(referred to herein collectively as the Tenant )

Name of Lease Guarantor (if any):

__________________________________________

Property Address, including Unit Number:

__________________________________________

 

__________________________________________

 

__________________________________________

 

(referred to herein as the Leased Premises )

This Notice constitutes a NOTICE TO QUIT under and in accordance with applicable laws and that certain _____________________________________________________________

[insert name of lease document] dated as of __________________________________________

between Landlord and Tenant (referred to herein as the Lease ).

ACCORDINGLY, Tenant shall and is hereby required to QUIT AND VACATE the Leased Premises within _____ days after service of this NOTICE TO QUIT upon Tenant (such

date is referred to herein as the Deadline ), unless the violation or lease default described below has been cured in full on or before such Deadline, or as otherwise set forth below.

Violation or Lease Default (if applicable):

Past-due rent. $_______________________________________________

Describe the time period or dates of delinquency: ____________________

____________________________________________________________

Late fees. $__________________________________________________

Describe: ___________________________________________________

Total Amount Due, on or before Deadline: $____________________________________

Non-Monetary default.

Describe the non-monetary default and what must be done by the Deadline to cure same: ________________________________________________

____________________________________________________________

____________________________________________________________

____________________________________________________________

Section of the Lease under default: _______________________________

If this box is checked, Tenant is not necessarily in default of the Lease, but Landlord is

nonetheless proving this Notice to Quit to Tenant as a notice of Lease termination in order for Landlord to recover possession of the Leased Premises, in accordance with terms of the Lease and applicable law. Accordingly, Tenant must vacate the Leased Premises on or before

_____________________________________________________________________________.

In the event Tenant does not comply with this Notice to Quit, Landlord shall have the right to commence an action against Tenant in Unlawful Detailer and/or Eviction, in order to recover possession of the Leased Premises. In such event, Tenant may be liable to Landlord for Landlord’s legal fees and the court costs of the action, to the extent set forth in the Lease and applicable law.

In all cases, Landlord preserves all rights against Tenant and any Lease guarantor, whether at law, in equity, or as otherwise provided under the terms of the Lease or any Lease guaranty.

IN WITNESS WHEREOF, this Notice to Quit is dated as of the date set forth above.

Name of Landlord: _________________________

By: ______________________________________

Its: ______________________________________

CERTIFICATE OF SERVICE

On _____________________________________ , I: check all boxes that are true

Mailed by regular mail (postage prepaid)

Mailed by Certified mail (return receipt attached)

Hand-delivered by _________________________________(insert name of person)

A copy of the within Notice to Quit to the following person(s):

Name: __________________________________________________________________

Address: ________________________________________________________________

Name: _________________________________________________________________

Address: ________________________________________________________________

Name: __________________________________________________________________

Address: ________________________________________________________________

Name: _________________________________________________________________

Address: ________________________________________________________________

Signature: ________________________________________________________

STATE OF GEORGIA

)

COUNTY __________

) ss.

)

The foregoing instrument was acknowledged before me this ___ day of _________,

20__, by ______________________________________________________________________.

______________________________

Notary Public

My commission expires:

_______________________

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Eviction Notice Templates.

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Eviction Process in Georgia

Create the Notice

The landlord, depending on the case that occurred, should create either the Non-Payment eviction notice or the Month-to-Month one and provide the tenant with it. The paper may be sent through the US mail to the residential address or delivered straight to the lessee (if he or she is not absent from the premises).

Go to the Court

If the tenant does not respond to the notice you have delivered, file a Dispossessory action at your local court. Complete the Dispossessory Affidavit, indicating that you have tried to contact the tenant and inform him or her about your demand.

Await the Tenant’s Response

After you have officially notified the court about the issue, the sheriff becomes responsible for serving the dispossessory warrant on the tenant. The tenant will be given seven days (excluding Saturday, Sunday, or a legal holiday) to provide the answer orally or in writing, and if he or she fails to do so, the landlord needs to obtain a Writ of Possession and force the lessee to vacate from the rental property.

If the court has concluded that the tenant can stay on the premises, he or she will be entitled to remain at the place; meanwhile, the landlord is considered liable for all the damage caused by the wrongful conduct.

Georgia Eviction Court Forms

  • Dispossessory Affidavit

Such a form serves to legally evince that the landlord has notified the tenant of a demand to leave the premises, did not get a response, and has begun a legal process against the lessee in court.

  • Answer Form

The tenant can use it as a defense against the prosecution after receiving the Dispossessory Affidavit.

  • Writ of Possession

If the court has stated the final judgment in favor of the landlord, he or she will receive this document, claiming that the tenant should be forced to leave the rental property on the date indicated therein.


Published: Jan 6, 2021
Jennifer M. Settles
Jennifer M. Settles
Author & Attorney
With over 25 years of experience as a business and transactional attorney, Jennifer has mastered the craft of closing highly successful deals for her clients. Through her wide-ranging expertise in commercial contracts, real estate transactions, M&A and corporate law, Jennifer secures results that are second-to-none.