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Eviction notice rules in Georgia

Nonpayment notice

For residential leases entered into or renewed ON OR AFTER July 1, 2024: written 3-business-day notice to pay or vacate, itemizing rent, late fees, utilities, and other charges (O.C.G.A. § 44-7-50(c), HB 404 / 'Safe at Home Act'). For leases entered before July 1, 2024: only a general demand for possession is required — no fixed statutory waiting period; the landlord may file the dispossessory affidavit immediately after the demand is refused (O.C.G.A. § 44-7-50(a)).

Lease-violation notice

No statutory cure-notice requirement for lease violations. The landlord makes a demand for possession; if the tenant refuses, the landlord files a dispossessory affidavit (O.C.G.A. § 44-7-50(a)).

Unconditional quit (no second chance)

No separate unconditional-quit statute; all grounds (nonpayment, holdover, lease breach, tenant at will or sufferance) proceed through the demand + dispossessory process. No statutory pre-filing right to cure any violation.

No-cause / end-of-tenancy notice

Tenancy at will (e.g., month-to-month): 60 days' written notice from the landlord, 30 days from the tenant (O.C.G.A. § 44-7-7, per Georgia legal sources).

How the notice must be served

The demand for possession or 3-day nonpayment notice must be posted in a sealed envelope conspicuously on the door of the property, plus any additional delivery method agreed in the rental agreement (O.C.G.A. § 44-7-50(d)). Skipping the demand (or the 3-business-day notice where it applies) can get the case dismissed.

Your right to fix it (cure)

No pre-filing cure right for violations. Nonpayment only: once sued, the tenant may tender ALL rents allegedly owed plus the dispossessory costs within 7 days after summons service, and the landlord must accept — but only once in any 12-month period (O.C.G.A. § 44-7-52).

How days are counted

The nonpayment notice gives 3 BUSINESS days (§ 44-7-50(c)). The tenant's 7-day answer window after summons service rolls forward if the 7th day falls on a weekend or legal holiday (O.C.G.A. § 44-7-51).

After the notice expires

Landlord must file eviction lawsuit; tenant need not leave until court order

Court timeline

Dispossessory affidavit filed in magistrate court; tenant must answer (orally or in writing) within 7 days of actual service; default judgment if no answer. Contested cases go to trial, typically 2-4 weeks after filing. If the landlord wins and no appeal is filed, the writ of possession is effective 7 days after judgment (O.C.G.A. § 44-7-55); either side may appeal within 7 days (§ 44-7-56). Full process typically 4-6 weeks.

Retaliation & defenses

Georgia has NO anti-retaliation statute for private tenants — retaliation may be raised only as an equitable/common-law defense (<em>reported — confirm with a licensed attorney</em>). Federal Fair Housing Act discrimination defense. Defective demand/notice and the § 44-7-52 tender right are the main statutory defenses.

The one thing to remember: in Georgia, as in every state, a notice is not an eviction. Your landlord must file a case, serve you properly, and win before a judge. Only a court order can remove you.

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