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Georgia Eviction Notice Forms | Process and Laws

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The Georgia eviction notice forms may be used to inform a tenant who is in breach of his or her lease or whose term is going to expire, that they need to vacate the premises owned by the landlord. The landlord must abide by the terms of the lease for the amount of notice given for breach of the agreement. If there is no provision, the landlord can ask the tenant to move immediately by providing a notice in writing. If the tenant fails to comply, the landlord may file a dispossessory action with the Magistrate Court in the county in which the property is located. You will need to obtain an original dispossessory warrant form from the court. Here is a sample of what it looks like: GA Dispossessory Warrant Sample.

Types of Notices

Immediate Day Notice of Quit (Non-Payment) – Use this form to ask your tenant to leave after the tenant has breached the lease and you have followed the terms of the lease with regard to termination and notice requirements.

30 Day Month-to-Month Notice to Quit – Use this form to give your tenant notice that you do not intend to renew the lease at the end of the term. The Landlord is required to give at least sixty (60) days’ notice to the Tenant while the Tenant must give at least thirty (30) days’ notice to the Landlord.

Non-Compliance – There is no Statute that requires the tenant to have notice when they are in violation of their rental contract. Therefore it is recommended that the landlord inform the tenant of their infraction and if they do not cure the lessor should begin the filing of an eviction.

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.

How to Evict (Process)

Step 1 : Make sure you have read your lease carefully and abide by the notice and termination terms set forth therein. You will then either provide the tenant with an Immediate Day Notice of Quit (Non-Payment) or a Month-to-Month Notice to Quit.

Step 2 – If the tenant fails to respond to the notice, you are then entitled to file a dispossessory action in your Local Magistrate Court. The courts have the form you need to file – you must use the dispossessory warrant form provided by the court. You will need to have your tenant’s name and address, the reason that you are seeking dispossession and you will need to certify that you provided notice to your tenant to vacate the premises. A sample of a dispossessory warrant can be Found Here. The magistrates court in Georgia also provide a third-party Online Service for forms. You will have to pay a fee for filing and for service.

Step 3 – The dispossessory warrant will have to be served on the tenant usually by a sheriff.

Step 4 – The tenant will have seven days to respond with an Answer (Answer Sample). If the tenant does not respond, landlord may obtain a writ of possession from the court to take back possession of the premises. Again, you will need to obtain from your local court. Here is a Writ of Possession Sample. Once the landlord has a writ of possession signed by the court, he or she can have the sheriff remove the tenant.