If you are a landlord an eviction notice is an essential legal instrument you need to prepare with care. Customize your own Georgia eviction notice with our step-by-step template designer.
Last Update July 21st, 2021
Georgia Eviction Notice Types
A legal eviction in Georgia can only be made for a number of legally acceptable reasons. This means that landlords must provide a valid basis along with the correct amount of days’ notice in order to comply with the legal eviction process within the state.
Not using the correct GA legal document, in this case, can lead to delays or even legal dismissal of the eviction, so it is important to choose the right type.
Notice to Quit (Non-Payment of Rent)
If a tenant doesn’t comply with the rental payment schedule, the landlord may present them with a Notice to Quit. This is a form that can be used by a landlord to inform a tenant that their rent payment is late and that they must make a payment or otherwise face a potential eviction.
If the tenant complies and pays the rent before the eviction proceedings begin then the notice will be nullified. If they refuse to pay or vacate the property, the landlord will be able to pursue the matter further through the courts.
Notice to Quit (Non-Compliance)
In the case of a lease violation, the landlord may issue a Notice to Quit for Non-Compliance. This will often give the tenant some days to correct the breach before they will be obliged to leave the property.
However, unconditional Non-Compliance notices can be issued too for more serious offenses. These don’t give the tenant any chance to correct their breach of the lease.
60-Day Notice to Quit (Month-to-Month)
60 Day-Notice to Quit documents are used to evict month-to-month tenants or those who don’t have a fixed lease without providing any given cause. This allows the landlord to inform the tenant that they must vacate the property within 60 days or face a legal challenge.
Georgia Eviction Laws
Your Georgia eviction notice must follow the state’s rental property laws, in order to be valid. There are a number of important requirements that are obligatory when proceeding with the eviction of a rental tenant.
An eviction in Georgia may only happen in the case of:
Nonpayment of rent and lease violations: reasonable amount of notice
Lease violations: reasonable amount of notice
Termination of a lease (month-to-month): 60 days’ notice
The GA eviction notice itself must be delivered to the tenant as an official letter or form detailing the key information about the property and tenant. It must also clearly explain the reason the landlord wishes to terminate the lease and how long the resident has to comply with the notice.
Georgia Eviction Process
The Georgia eviction process must be followed precisely to ensure that the tenant is legally removed from the property. Therefore the landlord must take the correct steps and follow the right procedures, as detailed by GA state law.
To correctly complete an eviction in Georgia, the landlord must do the following:
Serve a valid eviction notice giving the tenant sufficient time to leave based on the reasons for the lease termination.
The landlord may file for an eviction with their local court, if the tenant refuses to leave on their own.
Both the landlord and tenant can argue their case in the court, once the hearing date arrives.
The judge will decide whether the eviction can be upheld or not. If it is upheld, you can ask the clerk of the court for a Writ of Possession.
When the Writ of Possession has been granted, the document can be given to your local law enforcement agent, who will remove the tenant and their property from your real estate.
There are several other legal documents that can be useful for landlords or when managing real estate. If you are currently renting out, or plan to do so in the future, use the following documents below to ensure your property is properly looked after:
Georgia Rental Application
Georgia Residential Lease Agreement
FAQs About Georgia Eviction Notices
Before starting your eviction notice for real, it is sensible to understand the ins and outs of these important legal documents. Read more about Georgia’s eviction notices in our FAQs below and learn how to use these forms effectively.
How to Evict Someone in Georgia?
To successfully evict a tenant in Georgia state, the landlord or property manager must serve a legally valid eviction notice. This must provide the correct number of days’ notice and a legitimate reason to evict. It can be served in person, to a family member, someone else living on the premises, or left in a conspicuous location.
If the tenant doesn’t comply and vacate the property as instructed, the landlord will then have to petition a court. If the judge rules in their favor they will then be able to use a local marshal or sheriff to forcibly evict the tenant.
How to File an Eviction in Georgia
If a tenant doesn’t comply after being served with a legally valid Georgia eviction notice it will be necessary to file a Dispossessory case against them. To do this the landlord will need to visit their local courthouse and file the case with the clerk of the court and provide the following evidence:
A copy of the lease agreement
The eviction notice that has been served (including proof of service)
Proof of the violation such as photographs, police reports, or receipts
Any witnessing parties to the violations
How Much Does It Cost to Evict Someone?
How much evicting a tenant costs will often depend on how long the removal process lasts. If you serve the GA eviction notice and that leads to a resolution of the dispute, or the tenant simply leaves as instructed, then the costs are very low (below $400 not including potentially lost rent).
However, if the tenant refuses to leave the property this could lead to a more protracted and expensive legal case. If you need to seek legal advice or representation at any step of the process, this will of course carry much higher costs.