How to Serve an Eviction Notice in Georgia (2026): Notice Periods, Delivery Rules and What Happens Next
Georgia changed its nonpayment rules in 2024: before filing a dispossessory case for unpaid rent, the landlord must now give the tenant a written demand with three business days to pay or vacate (HB 404, Ga. Code § 44-7-50). After that the case moves quickly through magistrate court.
1. Pick the right notice
| Situation | Notice | Period | Statute |
|---|---|---|---|
| Rent not paid | 3-Business-Day Notice to Pay or Vacate (Demand for Possession) | 3 business days | Ga. Code § 44-7-50(a) |
| Lease violation | Demand for Possession | No notice required | Ga. Code § 44-7-50(a) |
| Unconditional quit | Holding over or any lease violation — immediate demand for possession; cure period only if the lease provides one | No notice | Ga. Code § 44-7-50 |
Written notice with 3 business days to pay is required before filing a dispossessory for nonpayment; the lease may provide a longer period.
2. What the notice must say
The notice must be in writing, identify the premises and the tenants, state the amount of rent due (rent only) or the violation, give the deadline, and say what happens if the tenant does not comply.
3. Serve it the way the statute allows
Permitted methods in Georgia (Ga. Code § 44-7-51 (affidavit and summons); demand may be made by any reasonable written method):
- Personal delivery to the tenant
- Delivery to a person of suitable age at the premises + first-class mail
- Posting on the entry door + first-class mail
- Certified mail, return receipt requested
Write down the date, time, method and the name of anyone you handed it to — that becomes the proof of service the court will ask for. If a method involves mailing, keep the receipt.
4. Count the days correctly
Count business days only: weekends and court holidays do not count, and the day of service is day zero. For properties with a federally backed mortgage or federal subsidy the CARES Act requires 30 days' notice for nonpayment regardless of the state period.
5. What trips landlords up in Georgia
- Filing the same day you demand possession. Since July 1, 2024 a nonpayment dispossessory requires a written notice giving the tenant three business days to pay or leave first.
- Counting weekends. The three days are business days, not calendar days.
- Forgetting the tenant's right to tender. A tenant may stop a nonpayment case by paying all rent, fees and court costs within seven days of being served with the dispossessory — once in any 12-month period (§ 44-7-52).
- Locking the tenant out. Only the sheriff or marshal, acting on a writ of possession, may remove a tenant; self-help eviction is prohibited (§ 44-7-14.1).
6. After the deadline
After the three business days, file a dispossessory affidavit in the magistrate court of the county where the property is. The tenant has seven days after service to answer. If they do not, you can request a default writ of possession; if they do, a hearing is scheduled. After a judgment for possession there is a short waiting period before the writ can be executed by the sheriff or marshal.
Generate the notice
Our Georgia eviction notice picks the period and the statutory wording for the situation you choose, counts the deadline for you, and adds the proof-of-service block. A watermarked preview is free; the clean PDF and Word file are $19.
Related: eviction notice periods in all 50 states · late fee caps by state · security deposit limits by state.
Questions
Do I still need a notice in Georgia before filing?
Yes for nonpayment. Since HB 404 (effective July 1, 2024) the tenant must receive a written notice with three business days to pay or vacate before a dispossessory is filed.
Can the tenant pay and stay after I file?
Once per 12 months, a tenant served with a nonpayment dispossessory can tender all rent owed plus fees and costs within seven days and the case ends (§ 44-7-52).
Where do I file?
In the magistrate court of the county where the rental property is located.
How current is this guide?
Reviewed September 2026. The periods, delivery methods and citations come from the dataset our Georgia eviction notice generator enforces; the commentary is ours. Statutes change — verify the cited section before relying on it.
General information about Georgia statutes, not legal advice; FormsByState is not a law firm. Eviction law changes often and local ordinances add rules — verify the cited sections for your situation.