The Georgia sixty (60) day notice to vacate is a letter that is given to a tenant that their month-to-month rental arrangement has been terminated by the landlord. The tenant has no legal recourse and must move to another residence while paying rent for the remaining time on the property. Otherwise, if the tenant does not leave, the landlord will be able to submit an eviction filing (dispossessory action) and most likely recover rent for the over-stay as well as attorney and court costs. Laws – § 44-7-7 Tenant’s Termination – If a tenant decides to cancel a month-to-month lease
Georgia Eviction Notices – Immediate, 30 and 60 Day Notices to Quit
The Georgia notice to comply or quit is a letter that is sent to a tenant to inform of a breach against their lease agreement. This may be used for any violation that does not relate to the late payment of rent. Under Georgia law, a landlord may go directly to an eviction filing before informing the tenant. Although, it would look unreasonable to a judge unless the tenant conducted a serious violation. Laws – There are no State statutes regarding a breach of a lease in Georgia. Therefore, it is best to work any issues between the landlord and
The Georgia immediate notice to pay or quit is an issued warning to a tenant that they must pay rent as soon as possible or an eviction (dispossessory action) will be filed against them. If an eviction is filed the tenant will have seven (7) days to pay the landlord but will include all fees incurred by the court. Laws – § 44-7-50 Sending – Make sure to send the notice in such a way that a record of the tenant’s signature will be obtained upon receipt. Options include certified mail with return receipt, hand-delivering, or choosing a process server in
How to Evict a Tenant (Process)
There are limited eviction laws in Georgia which allows the landlord to submit a filing the day after rent is due, upon a lease violation, or if the tenant has stayed beyond the term of their rental agreement.
Step 1 – File the Dispossessory Complaint
Once a violation has been discovered the landlord has the option of giving the tenant notice to cure the issue or vacate. If the landlord does not have a good relationship with the tenant or the tenant has not responded to the notice the Dispossessory Affidavit (File Complaint Online) will need to be filed with the Magistrate Court. This “all-in-one” form includes the Summons and Writ of Possession.
Filing Fee ($) – The fee for filing a dispossessory ranges from $1 to $62. Check with the county the property is located.
Step 2 – Serve the Dispossessory Complaint
As part of the filing fee the clerk of the court will forward the dispossessory complaint to the local Sheriff. From there, an attempt to personally serve the tenant will be made. If the tenant is unreachable, then the Sheriff will post the notice on the door.
Step 3 – Wait 7 Days
After the tenant has been served the tenant will have the option to file the Dispossessory Proceeding Answer (File Answer Online) . In addition, if the tenant files the form with all back-rent to the clerk of the court the rental agreement will automatically be in compliance once again.
At this point the landlord may only cancel the agreement if it has been at least the second (2nd) occurrence in the last 12 months of late rent.
Step 4 – Judgment
If Tenant DOES File the Answer – If the tenant files an Answer then a court hearing will usually be scheduled for the following week. Both parties will be required to attend and bring any information about the tenancy that they feel will help them in front of the judge.
If Tenant DOES NOT File the Answer – The landlord may use file the Default Writ of Possession Online or use the PDF Forms and file in-person Default Writ of Possession (for non-payment of rent) or Default Writ of Possession (for all other violations)
Step 5 – Writ of Restitution
Once the Writ of Restitution has been filed and processed by the clerk it will be forwarded to the local Sheriff who will give twenty-four (24) hours notice to the tenant to leave the premises. If the tenant remains on the property the landlord may change the locks and physically remove their personal items from the property.
Step 6 – Optional (Wage Garnishment)
If the tenant owes the landlord money after the eviction the Wage Garnishment Judgment may be filed online and submitted using the information from the judgment of the eviction case. There is a good chance that unless the landlord files for this garnishment they will never be paid-back for the back-rent by the tenant.