MAKE YOUR FREE Georgia Eviction Notice
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What is a Georgia Eviction Notice or Notice to Quit?
When to use a Georgia Eviction Notice:
- Your tenant has failed to pay the rent.
- Your tenant has violated the lease or rental agreement.
- You wish to end a periodic tenancy (such as month-to-month).
- The lease has expired and the tenant has remained on the property.Please Note:
- You may never forcibly evict a tenant without going through the formal tenant eviction process.
Sample Georgia Eviction Notice
The terms in your document will update based on the information you provide
NOTICE TO PAY RENT OR QUITTO CURE OR QUITTO DEMAND POSSESION
, Georgia
TO TENANT(S) AND ALL OTHERS IN POSSESSION OF THE PREMISES LOCATED AT:
, , Georgia
PLEASE TAKE NOTICE that the tenancy pursuant to the lease and/or rental agreement dated under which you hold the possession of the herein described premises there is now due unpaid and delinquent rent in the total sum of , representing rent due for the period from to .
PLEASE TAKE FURTHER NOTICE that within days after service of this notice, you are hereby required to pay the above-listed amount in full OR quit the subject premises, move out, and deliver up possession of the same to . Failure to pay the rent in full OR vacate the premises WITHIN days as required by this notice will result in forfeiture of the lease and/or rental agreement and will institute a dispossessory action against you to recover rent, damages and possession of said premises.
PLEASE TAKE NOTICE that you have violated the following term(s) in your lease and/or rental agreement dated : .
PLEASE TAKE FURTHER NOTICE that within days after service of this notice, you are hereby required to perform the aforesaid covenant(s) OR quit the subject premises, move out, and deliver up possession of the same to . Failure to perform aforesaid covenant(s) OR vacate the premises WITHIN days as required by this notice will result in forfeiture of the lease and/or rental agreement and will institute a dispossessory action against you to recover rent, damages and possession of said premises.
PLEASE TAKE NOTICE that your tenancy under which you hold the possession of the herein described premises is hereby terminated as of the date SIXTY (60) days after the service of this NOTICE upon you. YOU ARE HEREBY required to quit and surrender possession thereof to on or before the date SIXTY (60) days after service of the NOTICE upon you. Failure to do so will result in forfeiture of the lease and/or rental agreement and will institute a dispossessory action against you to recover rent, damages and possession of said premises.
PLEASE TAKE NOTICE that the lease and/or rental agreement under which you hold the possession of the herein described premises has expired as of .
PLEASE TAKE FURTHER NOTICE that within days after service of this notice, you are required to quit and deliver up possession of the premises to on or before that date. Failure to do so will result in forfeiture of the lease and/or rental agreement and will institute a dispossessory action against you to recover rent, damages and possession of said premises.
THIS IS INTENDED AS A SIXTY (60) DAY LEGAL NOTICE FOR THE PURPOSE OF TERMINATING YOUR TENANCY. THIS NOTICE IS IN ACCORDANCE WITH GEORGIA STATE PROPERTY CODE.
THIS IS INTENDED AS A DAY LEGAL NOTICE FOR THE PURPOSE OF TERMINATING YOUR TENANCY. THIS NOTICE IS IN ACCORDANCE WITH GEORGIA STATE PROPERTY CODE.
LANDLORD RESERVES ALL THE RIGHTS AND REMEDIES PROVIDED UNDER THE RENTAL AGREEMENT AND UNDER APPLICABLE LAWS OF THE STATE OF GEORGIA INCLUDING BUT NOT LIMITED TO DAMAGES FOR UNPAID RENT OR PROPERTY AND NOTHING IN THIS NOTICE MAY BE CONSTRUED AS A WAIVER OF SUCH RIGHTS AND REMEDIES.
Dated:
By: | ______________________________ |
, |
Georgia Eviction Notice Checklist
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___Sign this document. This document needs to be signed by:
___Everyone gets a copy. Each tenant named in the document should receive an individual copy of the signed notice.
___Serve the document. Deliver the notice to the tenant in a way that the landlord can prove to the court that the notice was actually delivered. If you have chosen to serve on your own behalf, create an Affidavit of Service at RocketLawyer.com upon completion of service.
Important Details
You may never forcibly evict a tenant without going through the formal tenant eviction process.
If the tenant(s) remain in possession of the property after the notice has expired, you can then proceed with a formal eviction case (also known as a Dispossessory action) in local court. However, the eviction process is a large expense and you should try to work it out with the tenant(s) whenever possible.
If after the notice is delivered, and the tenant has not complied with the notice (either paid rent, fixed the violation, or vacated the property), you can go to the local court where the property is located and file a Dispossessory Affidavit. The Dispossessory Affidavit is a formal oath asking the court to evict the tenant from the property.
Georgia Eviction Notice FAQs
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Am I legally allowed to evict tenants for nonpayment of rent in Georgia?
In general, the answer is yes, and you can use a Georgia Eviction Notice (specifically called a Notice to Pay Rent or Quit) to begin the process. However, as a result of COVID-19, some limitations have been put in place for tenants who have been unable to pay rent. Although the federal eviction moratorium was struck down by the U.S. Supreme Court, the state of Georgia has the authority to create and enforce its own standards for residential evictions. Check out the talk to a lawyer , if you remain unsure.
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Does a property owner have to write an Eviction Notice in Georgia?
In order to remove a tenant from a Georgia rental property, it can be helpful to serve them a Notice of Eviction as a first step. Even if it isn't always mandated by law, this document can help you avoid going to court (as long as the tenant will comply.) Some of the reasons why you might want one are:
- The tenant is habitually late to pay rent or they are behind on payments
- The tenant has caused unreasonable damage to the property
- The tenant creates a nuisance or disturbs the other renters
- The tenant is using your property illegally
- The tenant violates the no-pets clause in your lease agreement
- The tenant gets a subletter in violation of the rental terms
In addition to these examples, a renter generally may be evicted by a landlord due to reasons unrelated to their personal conduct. For instance, when the owner plans to move back in. Keep in mind that the list shown above isn't exhaustive and the permitted reasons for tenant eviction may be different. If you have any concerns with regard to Georgia eviction laws, talk to an attorney.
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How is a Georgia Notice to Vacate structured?
When ready, you can tap or click the button labeled "Make document" to take a closer look at our Georgia Eviction Notice sample and see what information you'll need to provide to generate your eviction letter. You typically might want to prepare the following information for a Notice to Vacate in Georgia:
- The address and description of your property
- The full legal name of each inhabitant
- How long the notice period will last
- What lease provisions have not been met
- How many past due payments need to be made (if any)
If the tenant isn't at fault for the eviction, you may want to add more context. With the Rocket Lawyer document tool, you are able to add more personalization, as well. It is critical to verify that all of the policies and terms that you refer to are spelled out in the tenancy agreement that was signed by all parties.
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How do Georgia eviction laws impact me as a property owner?
Laws often change over time and the eviction procedure can be quite complex. In some cases, there might be varying notice periods or other requirements depending on the reason for evicting the tenant and how long they have occupied the property. With that in mind, it's highly recommended that all property owners talk to a local eviction lawyer when drafting a Notice of Eviction to any tenant.
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Where can I fill out a Georgia Eviction Notice form online for free?
You can draft your own GA Eviction Notice for free with Rocket Lawyer. When you're ready to begin, tap or click the button that says "Make document." You will then be led through a set of questions about your situation to produce your Georgia Eviction Notice. This method will often be much less expensive and less time-consuming than meeting and hiring the average lawyer.
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On average, what would it typically cost me to evict a tenant in Georgia?
The fees associated with finding and working with your average attorney to produce a Notice of Eviction might add up to anywhere from several hundred dollars to thousands. Rocket Lawyer can offer much more protection than most other eviction form providers that you may discover elsewhere. As a Rocket Lawyer member, you can get up to 40% in savings when hiring an attorney from our network. If you want to understand what the complete cost of an eviction would be, you'll need to consider the court fees associated with filing the lawsuit, attorney fees, the value of unrecovered payments, storage and/or cleaning fees, and lastly the time and money you will spend looking for a replacement tenant.
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How long does the Georgia eviction process normally take end to end?
The length of the eviction process for Georgia is determined in part by the notice requirements, in addition to the total volume of lawsuits happening simultaneously. Below, you will find a general explanation of Georgia notice periods:
- Past-due rent: Notice is required by law, but there is no time limit
- Violation of rental contract: Notice is required by law, but there is no time limit
- No direct fault: 60-day notice
After the notice period, the eviction itself can take anywhere from 1 to 3 months . Please note that in certain types of housing, for instance where rent payments are subsidized by the government, the notice period may be even longer.
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Should I hire an attorney when evicting someone in Georgia?
While it is feasible to generate an Eviction Notice without support, many landlords who file eviction lawsuits will have a lawyer. It may vary depending on whom you contact, but often some attorneys may not even accept requests to review your document if they didn't draft it. An easier approach might be through attorney services at Rocket Lawyer. When you become a Premium member, you can ask for a document review from an attorney with relevant experience or get answers to additional legal questions related to your GA Eviction Notice. As always, Rocket Lawyer is here to support you.
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Would I need to do anything else after creating a Notice of Eviction/Notice to Quit in Georgia?
Upon completing a Georgia Eviction Notice with Rocket Lawyer, you'll be able to open it wherever and whenever you choose. With a Rocket Lawyer membership, you may edit, make copies, download it as a Word document or PDF file, and/or print it out as necessary. You will need to sign and date the notice before serving it on the tenant. You have several options available for serving a notice:
- Deliver it by hand
- Work with a process server
- Send the notice via certified mail with a return receipt
As a reminder, "self-help" or "do-it-yourself" evictions are not legal in Georgia or any other state. You must not replace the locks, remove personal belongings, shut off utilities, or threaten your tenant in any way in an effort to remove them. Taking the appropriate lawful actions before and throughout the eviction proceedings is critical to removing tenants successfully with a final judgment from the court.