Legal Notice - Eviction

GEORGIA NOTICE OF DEMAND FOR POSSESSION

(Eviction / Dispossessory Pre-Notice)

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
4. Default & Remedies
5. Dispute Resolution & Governing Law
6. General Provisions
7. Certificate of Service
8. Execution Block

1. DOCUMENT HEADER

THIS NOTICE (the “Notice”) is issued on [EFFECTIVE DATE] by [FULL LEGAL NAME OF LANDLORD], a [ENTITY TYPE], whose principal address is [ADDRESS] (“Landlord”), to [FULL LEGAL NAME OF TENANT], whose last-known address is [PREMISES ADDRESS] (“Tenant”).

RECITALS
A. Landlord and Tenant entered into that certain lease agreement dated [LEASE DATE] (the “Lease”) for the premises located at [PREMISES ADDRESS] (the “Premises”).
B. Tenant has failed to comply with the Lease as set forth below, constituting a default under the Lease and under Georgia law.
C. Pursuant to O.C.G.A. § 44-7-50 (2023) and all other applicable law, Landlord hereby makes formal demand for possession and provides Tenant an opportunity to cure (if elected by Landlord below).

2. DEFINITIONS

For purposes of this Notice, capitalized terms have the meanings set forth below.

1. “Amount Due” means the aggregate monetary sum itemized in Section 3.1(a).
2. “Cure Deadline” means [TIME PERIOD, e.g., “3 calendar days”] after Legal Service (defined in Section 6.1).
3. “Default” means any failure by Tenant described in Section 3.1.
4. “Dispossessory Action” means a civil action for possession filed pursuant to O.C.G.A. § 44-7-50 et seq.

3. OPERATIVE PROVISIONS

3.1 Statement of Default

a. Non-Payment of Rent: Tenant has failed to pay rent for the period [DATES] in the total Amount Due of $[AMOUNT], exclusive of any additional late fees, utilities, or other charges permitted under the Lease.
b. [OPTIONAL] Other Lease Violations: [DESCRIBE SPECIFIC BREACH].

3.2 Landlord Election – Cure Opportunity

☐ Landlord elects to permit Tenant to cure the Default by (i) paying the Amount Due in full and (ii) remedying all non-monetary breaches on or before the Cure Deadline.
☐ Landlord does NOT elect to permit a cure period; Tenant must surrender the Premises by the Cure Deadline.

3.3 Demand for Possession

Whether or not Tenant cures, Tenant must deliver full possession of the Premises to Landlord no later than the Cure Deadline. Failure to do so will result in immediate filing of a Dispossessory Action without further notice.

3.4 Reservation of Rights

Landlord reserves all rights and remedies, including recovery of future rents, damages, court costs, and attorney fees as provided in the Lease and applicable law. Acceptance of any partial payment shall not constitute waiver of Default or withdrawal of this Notice.

4. DEFAULT & REMEDIES

4.1 Events of Default: Any failure by Tenant to (a) pay the Amount Due in full, (b) cure non-monetary breaches, or (c) surrender possession by the Cure Deadline, shall constitute an Event of Default.

4.2 Graduated Remedies: Upon an Event of Default, Landlord may, without limitation:
i. File a Dispossessory Action in the county magistrate or state housing court having jurisdiction;
ii. Seek a writ of possession, monetary judgment, and all further relief allowed by O.C.G.A. § 44-7-50 et seq.;
iii. Pursue collection of unpaid sums, including post-judgment interest and attorney fees as allowed under the Lease and O.C.G.A. § 13-6-11 (2023).

5. DISPUTE RESOLUTION & GOVERNING LAW

5.1 Governing Law: This Notice and any dispute arising herefrom shall be governed by the laws of the State of Georgia without regard to conflict-of-law principles.

5.2 Forum Selection: Any Dispossessory Action shall be filed exclusively in the [NAME OF COUNTY] County magistrate or state housing court, as applicable.

5.3 Arbitration: Not Available.

5.4 Jury Trial: Nothing herein constitutes a waiver of Tenant’s constitutional right to trial by jury where such right applies.

5.5 Injunctive Relief: Landlord expressly reserves the equitable remedy of eviction, including immediate writ of possession.

6. GENERAL PROVISIONS

6.1 Legal Service
This Notice shall be deemed served (“Legal Service”) on the earliest date that any of the following occur:
a. Personal delivery to Tenant;
b. Posting in a conspicuous place at the Premises and mailing via certified mail, return receipt requested, to Tenant at the Premises; or
c. Any other service method agreed upon in the Lease that complies with Georgia law.

6.2 No Waiver; Cumulative Remedies
No failure or delay by Landlord in exercising any right shall operate as a waiver. All rights are cumulative and may be exercised singularly or concurrently.

6.3 Entire Notice
This Notice constitutes the entire demand and supersedes any prior oral or written demands related to the Default.

6.4 Severability
If any provision of this Notice is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

7. CERTIFICATE OF SERVICE

I, the undersigned, certify that on [DATE OF SERVICE], I served this Notice upon Tenant by:
☐ Personal delivery;
☐ Posting on the Premises and mailing via certified mail, RRR # [TRACKING NUMBER];
☐ Other method authorized by the Lease and Georgia law: [DESCRIBE].

Signature: ____________________________________
Name & Title: [NAME OF SERVER & CAPACITY]

8. EXECUTION BLOCK

IN WITNESS WHEREOF, the undersigned has executed this Notice as of the date first written above.

LANDLORD / AUTHORIZED AGENT:

____________________________________
Signature

Name: [PRINTED NAME]
Title: [TITLE / CAPACITY]
Date: [DATE]

TENANT ACKNOWLEDGMENT (Optional):
Receipt of this Notice is hereby acknowledged. Signature does not constitute agreement or waiver of rights.

____________________________________
Tenant Signature & Date