Georgia Eviction notice (nonpayment)
What notice does a landlord have to give before evicting for unpaid rent in Georgia?
For unpaid rent, late fees, utilities or other charges, the landlord must give a written notice to vacate or pay all past-due amounts within 3 business days before filing, posted in a sealed envelope on the door and delivered by any method the lease provides. HB 404 (Ga. L. 2024, p. 91) took effect July 1, 2024, and applies to leases entered into or renewed on or after that date.
Verified Source: O.C.G.A. § 44-7-50(c)-(d) (version effective until January 1, 2027) · last checked 2026-10-23
How this works in Georgia
In Georgia you can't lock out a tenant or cut off access yourself. For unpaid rent, you first give a written notice to pay the back rent and fees at least three business days before filing, then file a dispossessory affidavit, usually in magistrate court. Once served, the tenant has seven days to answer and can stop the case by paying everything owed plus court costs, but only once in a 12-month period.
Step by step in Georgia
- Read the lease for any notice or termination terms you must follow.
- Give a written notice to pay the back rent and fees at least three business days before filing. Serve it by a method the lease allows, or post it in a sealed envelope on the unit door.
- Demand possession and keep a record of when and how you made the demand.
- File a dispossessory affidavit under oath in the county where the property is located, stating the amount owed and that the notice was given.
- After service, the tenant has seven days to answer. If the case runs more than two weeks, you can ask the court to order rent paid into the court.
Common Georgia mistakes to avoid
- Changing the locks or shutting off utilities instead of going to court.
- Filing before the three-business-day notice period has run.
- Accepting partial rent after filing without thinking through how it affects your case.
- Forgetting that the tenant can pay off the full amount plus costs once a year to end the case.
Key deadlines and amounts in Georgia
| Notice to pay before filing | At least 3 business days, in writing |
|---|---|
| Tenant's answer deadline | 7 days after service |
| Pay-off defense | Rent, fees and court costs, once per 12 months |
Georgia FAQ
How much notice does a Georgia landlord give before filing for unpaid rent?
A written notice to pay the back rent and fees at least three business days before filing the dispossessory, according to the Department of Community Affairs handbook.
Can a Georgia tenant stop an eviction by paying?
Yes, once in a 12-month period. After the dispossessory is served, the tenant has seven days to tender all rent and fees owed plus court costs.
Where are Georgia evictions filed?
Usually in magistrate court in the county where the rental property is located.
Sources for this section: Georgia Dept. of Community Affairs, Georgia Landlord-Tenant Handbook (O.C.G.A. § 44-7-50 et seq.) (checked 2026-10-19)
Same topic in neighboring states
All Georgia landlord-tenant law · Georgia landlord FAQ · Security deposit limit · Deposit return deadline · Notice to enter · Required lease disclosures · Required disclosures (mold, lead, radon, bedbug, asbestos, flood zone)
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