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Georgia Eviction Notice Template PDF Free Download
Georgia Eviction Notice
Georgia eviction notices are forms used to terminate a tenancy between a landlord and a tenant.
There are two notices available to a landlord; a Notice to Quit for Non-Payment and a Notice to Terminate a Month-to-Month Tenancy.
The former is used when a tenant has failed to pay rent on time and must immediately vacate the premises.
This notice to quit can be served as soon as the rent is late, as per the lease agreement.
To terminate a month-to-month lease without cause, the landlord must serve the Notice to Terminate Tenancy, which gives the tenant sixty (60) days to leave the property.
Failure on the tenant’s part to adhere to the demands of the notice to quit could result in an eviction suit (dispossessory action) being filed against them.
Court Forms
Dispossessory Affidavit – This document is served on the tenant should they fail to comply with the Notice to Quit. It indicates that the landlord has filed with the court and that there is a lawsuit against the tenant.
Answer Form – The tenant may reply to the Disposessory Warrant with an answer form defending their claim to stay on the premises.
Writ of Possession – Should the judgment be in favour of the landlord, a Writ of Possession will be completed and delivered to the Sheriff requiring them to remove the tenant on the day indicated in the document.
When is Rent Late?
Rent is considered late if it is not received on the date it was due as specified in the terms of the lease.
Eviction Laws And Required Notices
Grace Period: Not mentioned in state statutes.
Non-Payment of Rent (§ 44-7-50(a)): Immediate
Lease Non-Compliance: Not mentioned in state statutes.
Periodic Tenancy Termination (§ 44-7-7): Sixty (60) Days for Landlords; Thirty (30) Days for Tenants
Illegal Activity: Not mentioned in state statutes.
Intentional Damage to the Property: Not mentioned in state statutes.
How To Write (Notice To Quit)
1 – Consult Your Records
You should have a copy of the Signed Lease or Lease Agreement available to consult when filling out this template.
The information on the Lease that must appear on the Notice must be identical.
2 – Download the Notice
This Notice is available as a PDF, ODT, or Word Document by clicking on the appropriate button and then saving it to your computer.
3 – Identify the Recipient
Enter the Name of the Tenant (or Subtenant) to this Notice must be delivered.
This Name should be presented identically to the way it is reported on the Lease.
4 – Report the Location of the Rental Period
In the first statement, provide a report on the City, County, and Zip Code where the Property is located using the first three blank spaces.
Also, in this statement, you will need to provide the Building Number and Street for this Rental Property and the Rental Property’s Apartment Number (if applicable) on the last two blank spaces.
In the next statement, enter the Calendar Day the Lease was Signed, the Month the Lease was Signed, and the Year the Lease was Signed using the three blank spaces provided.
5 – Purpose of Notice
Select the checkbox that adequately describes the reason you are having this Notice delivered.
The first checkbox is for Landlords issuing an ultimatum to a Tenant with a delinquent account.
In this case, the Tenant will be given be required to pay the Past Due Amount or Quit the Premises immediately.
The Identity of an Agent, additional to the undersigned, who may receive this Past Due Amount from the tenant.
The Overdue Amount and the Time Period requiring payment must also be defined.
The second checkbox is provided for Landlords who must rectify a situation where the Tenant is not compliant with the terms of the Lease.
This selection informs the Tenant that he or she must comply with the terms of the lease, rectify the violation, or turn over the premises to the Landlord immediately.
6 – Landlord Signature
The Landlord or an Authorized Agent action on the Landlord’s behalf must Sign his or her Name on the blank line below the Disclosure Paragraph just above the last section.
7 – Certificate Verifying Delivery
The Delivery of this Document must be documented and verified on this document by the Agent Effecting Delivery.
This will require the Date of Delivery, the Identity of the Recipient, and an explanation as to how this Document was delivered.
This last will be as defined by marking one of three checkboxes.
The first checkbox indicates a Delivery to the intended recipient while the second checkbox indicates delivery to a second party who is of age and will reliably complete the delivery to the intended recipient.
The third checkbox will indicate this paperwork had to be sent via First Class Mail.
Below this, the Agent must Sign his or her Name on the blank line.
How to Evict a Tenant
Step 1 – Serve Notice to Quit
Before an eviction suit, or dispossession action can be filed against a tenant to remove them from a rented property, a notice to quit must be served.
Landlords can download and complete one of the following forms:
Immediate Notice to Quit for Non-Payment
30/60-Day Notice to Terminate Month-to-Month Tenancy
If a tenant has been served with a notice to quit for non-payment of rent, they must vacate the premises immediately.
Otherwise, a tenant is given sixty (60) days’ notice if the landlord is terminating the tenancy without cause.
Step 2 – Dispossession Action
If the tenant fails to leave the property in a timely manner, the landlord can demand possession by completing a Dispossessory Affidavit.
This form should be filed with the magistrate court in the county where the property is located.
There will be a filing fee charged to the landlord for initiating this type of action.
Step 3 – Serve Tenant
A copy of the affidavit must be delivered to the tenant after being filed with the court clerk.
This can be accomplished by paying a process server or county sheriff to hand-deliver the papers to the tenant.
If the server cannot hand the papers directly to the tenant, they can deliver them to a competent adult who resides in the rental unit or post them in a conspicuous place on the property.
If the second option was employed, a copy must also be delivered by first-class mail to the property.
Step 4 – Tenant’s Payment (If Applicable)
If the landlord is evicting a tenant based on failure to pay rent, the tenant is given seven (7) days from the date the affidavit was received to pay back the landlord.
The tenant is also legally required to pay for any costs the landlord incurred while filing the dispossessory action as well as unpaid rent.
However, if another dispossessory action was previously filed against the tenant within a twelve (12) month period, the landlord may refuse payment and continue with the eviction suit.
Step 5 – Tenant’s Answer
The tenant has seven (7) days to file a Dispossessory Answer with the court or face a default judgment in favour of the landlord.
If the tenant files an answer, a hearing date will be set so the judge can issue their decision.
Failure to respond to the affidavit in a timely manner will allow the landlord to file an Application and Order for Default Writ of Possession.
The tenant will be required to move out of the property without the court hearing their point of view.
Step 6 – Hearing (If Applicable)
If the tenant has filed an answer, the court will hear the case between the parties.
The landlord and tenant will both be given the opportunity to make statements to the judge in order to plead their case.
The judge will make a ruling after hearing the statements and verifying any evidence presented to them.
Step 7 – Judgment
Judgment in favour of the tenant will allow them to remain on the property.
If the landlord wins the case, the judge will file an order demanding the tenant vacate the premises and/or make any past payments plus court fees.
The landlord can also file a Writ of Possession that requires the tenant to vacate the premises within seven (7) days.
If the tenant still refuses to leave the property, they will be removed from the property by a county sheriff.
| Author | – |
| Language | English |
| No. of Pages | 3 |
| PDF Size | 1 MB |
| Category | Form |
| Source/Credits | eforms.com |
Georgia Eviction Notice Template PDF Free Download