Housing & Tenant · Eviction Notice
Eviction Notice in Georgia
How many days of written notice a landlord must give before filing an eviction in Georgia, broken down by reason, and what you can do about it, cited to the statute.
Every notice period in Georgia
The written notice for each reason a landlord can end a tenancy, and what each one means.
| Reason for the notice | Notice in Georgia | What it means |
|---|---|---|
| Nonpayment of rent | Can fix and stay3 business days | Under the Safe at Home Act (2024 Ga. Laws 392, effective July 1, 2024), for leases entered or renewed on or after that date the landlord must give a written notice to vacate or pay, and the tenant has 3 business days to pay all past-due rent, late fees, and other charges (§44-7-50). Pay the full stated amount within the 3 business days and the landlord cannot file. Older leases may carry no fixed cure period. |
| Holding over or other breach | No fixed period | For holding over past the term or another breach, Georgia sets no fixed statutory notice period. The landlord must first demand possession, which can be oral or written, and if the tenant refuses, may immediately file a dispossessory affidavit (§44-7-50). The demand itself is the trigger, not a set number of days. |
| No-cause end of a month-to-month tenancy (tenancy at will) | 60 days | A tenancy at will, which covers most month-to-month arrangements, takes 60 days written notice from the landlord to end (30 days from the tenant) under §44-7-7. That notice ends the tenancy. If the tenant still does not leave, the landlord must then demand possession and file a dispossessory. |
| End of a fixed-term lease | None by statute | A fixed-term lease ends on its own date, and no statutory notice is required to decline renewal unless the lease says so. A tenant who stays past the term becomes a holdover and is subject to the dispossessory process. |
| After the notice | Court | After demanding possession, the landlord files a dispossessory affidavit in magistrate court. The court issues a summons that is served on the tenant, who has 7 days from the date of service to answer, orally or in writing (§44-7-51). If the tenant does not answer in time, the landlord can get a default writ of possession. If the tenant answers, the court sets a hearing. Only a court-ordered writ carried out by the marshal or sheriff can remove a tenant. |
| Statute | O.C.G.A. §44-7-50; §44-7-51; §44-7-7 | The controlling statute for these notice periods. Read the full text through the source link below. |
The Safe at Home Act (House Bill 404) took effect July 1, 2024. For leases entered or renewed on or after that date it added the 3-business-day notice to pay or vacate for unpaid rent, capped security deposits, and set basic habitability standards. Leases predating that date may not carry the 3-business-day cure.
What you can do right now
Concrete, neutral steps if you have received an eviction notice in Georgia. This is legal information, not legal advice.
- For unpaid rent, use the 3 business days
If your lease was entered or renewed on or after July 1, 2024, a notice to vacate or pay gives you 3 business days to pay everything owed. Pay the full stated amount within that window and the landlord cannot file. Keep proof of payment.
- Know that other cases move fast
For a holdover or another breach there is no set notice period. Once the landlord demands possession and you refuse, a dispossessory can be filed the same day. Do not assume you have a fixed number of days outside the rent situation.
- Answer the dispossessory within 7 days
Once you are served with the summons and affidavit, you have 7 days to answer, orally or in writing (§44-7-51). Missing that deadline lets the landlord win by default and get a writ. File your answer, raise any defense, and keep a copy.
- Get free Georgia eviction help
GeorgiaLegalAid.org explains the dispossessory process, how to answer, and tenant defenses, and can connect you with local legal aid. Acting before your 7-day answer deadline gives you the most options.
If you have received a notice, you can still act. This resource explains your rights and the deadlines, and points you to local help.
→ GeorgiaLegalAid.org (Eviction)This is general legal information, not legal advice. Read your own lease and check for a local ordinance, since either can change the notice that applies to your home.
What Georgia renters get wrong
Georgia used to have almost no notice at all before an eviction, and for many cases that is still true. Outside of unpaid rent, the landlord simply demands possession, and if the tenant refuses, may file a dispossessory affidavit the same day under O.C.G.A. §44-7-50. There is no fixed statutory waiting period for a holdover or another breach. Unpaid rent changed in 2024. The Safe at Home Act, effective July 1, 2024, now requires the landlord to give a written notice to vacate or pay and to let the tenant pay all past-due rent, late fees, and charges within 3 business days before filing, for leases entered or renewed on or after that date. Ending a month-to-month tenancy for no reason is slower: a tenancy at will takes 60 days notice from the landlord, or 30 days from the tenant, under §44-7-7. Once a dispossessory is filed, the case moves quickly. The tenant is served and has only 7 days to answer under §44-7-51, and missing that deadline lets the landlord win by default. Only a court-ordered writ carried out by the marshal or sheriff can remove a tenant.
Common questions
How many days notice does a landlord give before eviction in Georgia?
It depends on the reason. For unpaid rent, the Safe at Home Act gives the tenant 3 business days to pay or vacate before filing (§44-7-50), for leases entered or renewed on or after July 1, 2024. For a holdover or another breach there is no fixed period: the landlord demands possession and can file a dispossessory right away if the tenant refuses.
What is the 3-business-day notice in Georgia?
For unpaid rent, the landlord must give a written notice to vacate or pay and let the tenant pay all past-due rent, late fees, and other charges within 3 business days before filing (§44-7-50). This came from the Safe at Home Act, effective July 1, 2024. If you pay the full stated amount in time, the landlord cannot file the eviction.
How long do I have to answer an eviction in Georgia?
Seven days. Once you are served with the dispossessory summons and affidavit, you have 7 days from the date of service to answer, orally or in writing, under O.C.G.A. §44-7-51. If the seventh day is a weekend or legal holiday, you can answer the next business day. Missing the deadline lets the landlord win by default.
How much notice to end a month-to-month tenancy in Georgia?
A tenancy at will, which covers most month-to-month arrangements, takes 60 days written notice from the landlord to end, or 30 days from the tenant, under O.C.G.A. §44-7-7. That notice ends the tenancy. If the tenant stays, the landlord still has to demand possession and file a dispossessory to remove them.
Can a Georgia landlord evict without going to court?
No. After demanding possession, the landlord must file a dispossessory affidavit in magistrate court and get a judgment. You are served with a summons and have 7 days to answer. Only a court-ordered writ of possession carried out by the marshal or sheriff can remove you; a landlord cannot lock you out or shut off utilities to force you out.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.