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Eviction rules depend on the state. Which state is the rental in?

Georgia eviction laws

Notices, deadlines, court and tenant rights in Georgia — in plain English.

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Overview

The court case
Dispossessory proceeding
Court
Magistrate Court (or State or Superior Court) of the county where the property is located
Main laws
O.C.G.A. 44-7-1 et seq.; tenancy at will: 44-7-7; dispossessory proceedings: 44-7-49 to 44-7-59 (demand and notice: 44-7-50; answer: 44-7-51); Safe at Home Act (HB 404, 2024)

Just-cause protection

No statewide law

Georgia has no just-cause eviction law. A tenancy at will (month-to-month) can be ended without a reason with 60 days' notice from the landlord. Retaliatory evictions are prohibited (O.C.G.A. 44-7-24). (O.C.G.A. 44-7-7; 44-7-24)

Notices before filing, by reason

What a landlord must serve before filing — and what a tenant should expect to receive.

Unpaid rent — Notice to Vacate or Pay (3 Business Days) / Demand for Possession

Since July 1, 2024 (Safe at Home Act), before filing for nonpayment the landlord must give a written notice to vacate or pay all past-due rent, late fees, utilities and other charges within 3 business days. The notice must be posted in a sealed envelope on the door AND delivered by any other method the lease provides. If the tenant pays everything owed within the 3 business days, the landlord may not file.

Notice to Vacate or Pay (3 Business Days) / Demand for Possession

Notice period
3 business days
Counting
3 business days (weekends and legal holidays not counted), starting the day after the notice is delivered.
Tenant can fix it?
Yes, within the notice period
Must include
  • Tenant names and property address
  • Itemized amounts owed: past-due rent, late fees, utilities and other charges
  • Demand that the tenant pay all amounts owed or vacate within 3 business days
  • Demand for possession if not paid
  • Date, landlord name and signature
How to serve
Post it on the door; Email (only if the tenant agreed in writing); Certified mail (return receipt); First-class mail; Hand it to the tenant in person. The notice must be posted in a sealed envelope conspicuously on the door of the property AND delivered by any additional method(s) agreed on in the rental agreement (for example email, text or mail).
Law
O.C.G.A. 44-7-50(c), (d)
  • Double-check with the court: The Safe at Home Act applies to rental agreements entered into or renewed on or after July 1, 2024; using the 3-business-day notice for all tenancies is the safe practice.
  • After filing, the tenant may still be able to 'tender' (pay) all rent, fees and costs within 7 days of service once in a 12-month period (O.C.G.A. 44-7-52).
The tenant broke the lease or rules — Demand for Possession

Georgia law does not set a statutory notice or cure period for lease violations. If the lease allows termination for the violation, the landlord must make a demand for possession (which may be immediate) before filing. Follow any notice or cure period in the lease.

Demand for Possession

Notice period
No fixed period
Counting
No statutory waiting period; the tenant must refuse the demand before filing. Any cure or notice period in the lease must be followed first.
Tenant can fix it?
No
Must include
  • Tenant names and property address
  • The lease provision violated and facts
  • Statement that the lease is terminated under its terms and demand that the tenant surrender possession
How to serve
Hand it to the tenant in person; Post it on the door; Certified mail (return receipt); First-class mail. No statutory method; deliver in a way you can prove (hand delivery, posting, or certified mail, or as the lease requires).
Law
O.C.G.A. 44-7-50(a)
  • Double-check with the court: Georgia courts require a demand for possession before filing; the lease controls any cure opportunity.
The lease ended and the tenant stayed — Demand for Possession (Lease Expired)

When a fixed-term lease ends, no statutory advance notice is required, but the landlord must demand possession and the tenant must refuse before the landlord files. If the landlord accepts rent after the lease ends, a tenancy at will may be created, which then requires 60 days' notice.

Demand for Possession (Lease Expired)

Notice period
No fixed period
Counting
No statutory waiting period after the lease has expired.
Tenant can fix it?
No
Must include
  • Tenant names and property address
  • Date the lease ended
  • Demand that the tenant surrender possession
How to serve
Hand it to the tenant in person; Post it on the door; Certified mail (return receipt); First-class mail. Deliver in a provable way.
Law
O.C.G.A. 44-7-50(a); 44-7-7
  • Check the lease for automatic renewal or notice-of-non-renewal requirements.
Ending a month-to-month tenancy (no fault) — Sixty-Day Notice to Terminate Tenancy at Will

A tenancy at will (including month-to-month with no written term) may be ended by the landlord with at least 60 days' notice (the tenant must give 30 days). After the notice period ends, the landlord demands possession and may file if the tenant stays.

Sixty-Day Notice to Terminate Tenancy at Will

Notice period
60 days (month-to-month: 60 days)
Counting
At least 60 calendar days after the tenant receives the notice; do not count the day of delivery.
Tenant can fix it?
No
Must include
  • Tenant names and property address
  • Statement that the tenancy is terminated
  • Termination date at least 60 days after delivery
How to serve
Hand it to the tenant in person; Post it on the door; Certified mail (return receipt); First-class mail. Deliver in writing in a provable way.
Law
O.C.G.A. 44-7-7
  • Double-check with the court: 44-7-7 applies to tenancies at will; a written month-to-month lease may set its own notice terms, but 60 days is the safe choice.
Illegal activity, violence or serious damage — Demand for Possession (Illegal Activity / Damage)

Georgia has no special statutory notice for illegal activity or serious damage. If the lease permits termination, the landlord demands possession and may file when the tenant refuses.

Demand for Possession (Illegal Activity / Damage)

Notice period
No fixed period
Counting
No statutory waiting period.
Tenant can fix it?
No
Must include
  • Tenant names and property address
  • Description of the illegal activity or damage and the lease provision
  • Demand that the tenant surrender possession
How to serve
Hand it to the tenant in person; Post it on the door; Certified mail (return receipt); First-class mail. Deliver in a provable way.
Law
O.C.G.A. 44-7-50(a)

How a tenant responds

The tenant has 7 days after being served with the dispossessory affidavit and summons to answer. The answer may be written or given orally to the court clerk. If the 7th day falls on a weekend or legal holiday, the deadline is the next business day. If no answer is filed, the court may issue a writ of possession without a hearing.

Deadline: 7 days after being served · Form: Georgia Magistrate Court uniform Dispossessory Answer form · O.C.G.A. 44-7-51

Official court forms

Landlords

  • MAG 30-01 — Dispossessory Affidavit and Summons
  • MAG 30-02 — Dispossessory Affidavit (Proceeding Affidavit)
  • MAG 30-08 — Application and Order for Default Writ

Tenants

  • MAG 30-03 — Dispossessory Answer

All Georgia forms →

Sources

Checked 2026-09. General information, not legal advice; laws change and courts differ. We strive for accuracy but don’t guarantee it.