Notice to Cure or Quit (Demand to Comply with Lease) — Georgia

NOTICE TO CURE OR QUIT — DEMAND TO COMPLY WITH LEASE — STATE OF GEORGIA

TABLE OF CONTENTS

1. Heading and Parties
2. Premises and Lease
3. Description of Lease Violation
4. Specific Lease Provisions Violated
5. Demand to Cure or Vacate
6. Cure Steps Required
7. Consequences of Non-Compliance
8. Reservation of Rights
9. Tenant Resources
10. Signature
11. Certificate of Service
12. Georgia Practice Notes
13. Sources and References

1. HEADING AND PARTIES

STATE OF GEORGIA

[COUNTY NAME] COUNTY

NOTICE TO CURE LEASE VIOLATION OR QUIT — DEMAND FOR POSSESSION
(O.C.G.A. § 44-7-50)

TO: [TENANT NAME] and any and all other occupants of the premises:

YOU ARE HEREBY NOTIFIED that you are in material breach of the lease for the premises identified below. Pursuant to the terms of the lease and O.C.G.A. § 44-7-50, the Landlord hereby demands that you CURE the breach(es) described below OR DELIVER POSSESSION of the premises within the cure period specified in Section 5.

2. PREMISES AND LEASE

☐ 2.1. Premises Address: [STREET ADDRESS], [CITY], [COUNTY] County, Georgia [ZIP].

☐ 2.2. Unit Number / Description: [UNIT NUMBER / DESCRIPTION].

☐ 2.3. Lease Type:

• ☐ Written lease dated [__/__/____]
• ☐ Oral month-to-month tenancy commencing [__/__/____]
• ☐ Tenancy at will (O.C.G.A. § 44-7-6)
• ☐ Other: [________________________________]

☐ 2.4. Tenant(s) of Record: [LIST ALL TENANT NAMES ON LEASE].

3. DESCRIPTION OF LEASE VIOLATION

☐ 3.1. Nature of breach (check all that apply):

• ☐ Unauthorized occupant(s): [NAME(S) AND DATE(S) OBSERVED]
• ☐ Unauthorized pet (in violation of lease pet provision)
• ☐ Unauthorized subletting / assignment
• ☐ Unauthorized commercial / business use of the premises
• ☐ Material damage to the premises beyond ordinary wear and tear
• ☐ Nuisance or substantial interference with neighbors' quiet enjoyment
• ☐ Criminal activity on or near the premises
• ☐ Drug-related criminal activity
• ☐ Threats, harassment, or violence directed at landlord, agent, neighbors, or other residents
• ☐ Smoking in violation of lease no-smoking clause
• ☐ Failure to maintain renter's insurance (if required by lease)
• ☐ Failure to maintain utilities in tenant's name (if required by lease)
• ☐ Hoarding / sanitation conditions creating health or safety hazard
• ☐ Violation of HOA / community rules incorporated by reference
• ☐ Unauthorized alterations to the premises
• ☐ Violation of guest / overnight-occupancy limits
• ☐ Other: [________________________________]

☐ 3.2. Date(s) of violation: [DATE(S)].

☐ 3.3. Specific facts:

[FACTUAL DESCRIPTION — be specific. Include dates, observed conduct, names of witnesses, photographs, police reports, neighbor complaints, code-enforcement citations, prior verbal warnings.]

[________________________________]

[________________________________]

[________________________________]

4. SPECIFIC LEASE PROVISIONS VIOLATED

5. DEMAND TO CURE OR VACATE

☐ 5.1. YOU MUST EITHER:

• (a) CURE the violation(s) described in Sections 3 and 4 by completing the cure steps in Section 6; OR
• (b) DELIVER POSSESSION of the premises in broom-clean condition, with all keys, to the Landlord,

ON OR BEFORE [__/__/____] (which is [____] days after service of this Notice).

☐ 5.2. Cure Period (select one):

• ☐ As required by lease paragraph [____]: [____] days
• ☐ Seven (7) days (best-practice default for cure-or-quit notices in Georgia)
• ☐ Ten (10) days
• ☐ Fourteen (14) days
• ☐ Thirty (30) days (federally subsidized housing)
• ☐ Other (specify and identify authority): [____________]

☐ 5.3. Non-curable violations. If the violation is one for which the lease does not permit a right to cure (e.g., illegal drug activity, violent criminal conduct, repeat offenses for which prior written cure notice was already given), this Notice operates solely as a demand for possession, and no cure is offered. Strikethrough this paragraph if not applicable.

6. CURE STEPS REQUIRED

To cure the violation(s), you must complete ALL of the following on or before the deadline above:

☐ 6.1. [SPECIFIC ACTION 1 — e.g., "Permanently remove unauthorized occupant [NAME]; provide written confirmation."]

☐ 6.2. [SPECIFIC ACTION 2 — e.g., "Permanently remove unauthorized pet; provide written confirmation and proof of removal."]

☐ 6.3. [SPECIFIC ACTION 3 — e.g., "Repair damage to [SPECIFIC AREA] to pre-tenancy condition, by a qualified professional, at Tenant's expense."]

☐ 6.4. [SPECIFIC ACTION 4 — e.g., "Cease all noise after 10:00 p.m. and 7:00 a.m."]

☐ 6.5. [SPECIFIC ACTION 5 — e.g., "Furnish renter's insurance binder evidencing compliance with lease paragraph [____]."]

☐ 6.6. [ADD ADDITIONAL CURE STEPS AS NEEDED.]

☐ 6.7. Verification: Provide written documentation of cure to Landlord at the address in Section 10 by the cure deadline. The Landlord reserves the right to inspect the premises (with reasonable notice) to confirm cure.

7. CONSEQUENCES OF NON-COMPLIANCE

☐ 7.1. If you fail to cure the violation OR vacate within the cure period, the Landlord will, without further notice:

• (a) File a Dispossessory Affidavit and Summons in the Magistrate Court of [COUNTY] County, Georgia, pursuant to O.C.G.A. §§ 44-7-49 through 44-7-59;
• (b) Seek a Writ of Possession evicting you and all occupants;
• (c) Seek a money judgment for past-due rent (if any), holdover damages at the daily rate, repair costs, court costs, and attorney's fees if authorized by lease paragraph [____];
• (d) Pursue all other remedies at law or equity.

☐ 7.2. SELF-HELP PROHIBITED. The Landlord will NOT lock you out, remove your personal property, shut off utilities (including cooling, per the 2024 Safe at Home Act amendment to O.C.G.A. § 44-7-14.1), or otherwise dispossess you outside the judicial process.

8. RESERVATION OF RIGHTS

☐ 8.1. The Landlord reserves all rights and remedies under the lease, Georgia law, and federal law. Acceptance of any rent or other payment after the date of this Notice shall not be construed as a waiver of this default unless the Landlord expressly so agrees in a signed writing.

☐ 8.2. This Notice does not waive any other or further breach, whether known or unknown, present or future.

☐ 8.3. This Notice is the demand for possession required by O.C.G.A. § 44-7-50 and (where applicable) the contractual cure notice required by the lease.

9. TENANT RESOURCES

The following resources may be available to you:

• Atlanta Volunteer Lawyers Foundation (AVLF) — Eviction Defense: (404) 521-0790 · avlf.org
• Atlanta Legal Aid Society: (404) 524-5811 · atlantalegalaid.org
• Georgia Legal Services Program: (800) 498-9469 · glsp.org
• GeorgiaLegalAid.org: Free dispossessory information and forms.
• Housing Court Assistance Center (Atlanta BeltLine): Walk-in legal clinic for Atlanta tenants.
• DeKalb Eviction Legal Defense Fund (DeKalb County tenants).
• 211 Georgia: Dial 2-1-1 for housing and rental-assistance referrals.

10. SIGNATURE

Dated: [__/__/____]

Respectfully,

[________________________________]
[LANDLORD NAME / AUTHORIZED AGENT]
☐ Landlord ☐ Property Manager ☐ Attorney for Landlord ☐ Attorney-in-Fact
[STREET ADDRESS]
[CITY], GA [ZIP]
Telephone: [____________]
Email: [____________]

11. CERTIFICATE OF SERVICE

I certify that on [__/__/____], I served this Notice on the Tenant(s) by the following method(s):

• ☐ Personal hand-delivery to [TENANT NAME] at [LOCATION]
• ☐ Conspicuous posting in a sealed envelope on the door of the premises
• ☐ First-class U.S. Mail to [ADDRESS] (postage prepaid)
• ☐ Certified mail, return receipt requested, tracking #[__________]
• ☐ Email to [EMAIL] (if authorized by rental agreement)
• ☐ Text message to [PHONE] (if authorized by rental agreement)
• ☐ Other (as authorized by the rental agreement): [____________]

[________________________________]
[NAME OF SERVER]
Date: [__/__/____]

12. GEORGIA PRACTICE NOTES

☐ 12.1. No statutory cure period for non-monetary violations. O.C.G.A. § 44-7-50 requires only "demand for possession" and "refusal" or "failure to deliver." However, courts will enforce contractual cure provisions and may consider the reasonableness of the landlord's notice.

☐ 12.2. Document the demand and the refusal. Keep proof of service. Save text-message responses and any tenant communications.

☐ 12.3. Beware retaliation. Under O.C.G.A. § 44-7-24, a tenant establishes a prima facie case of retaliation by showing the landlord took adverse action (including filing a dispossessory) within three (3) months after the tenant: complained in good faith about a code violation or habitability issue, contacted a government agency about a habitability or building-code matter, joined or formed a tenant organization, or exercised any other right protected by law. Document a clear, independent, non-retaliatory ground.

☐ 12.4. Habitability counterclaim. Even though Georgia narrowly recognizes the implied warranty of habitability (via O.C.G.A. §§ 44-7-13 and 44-7-14), the tenant may raise habitability as a defense or counterclaim under § 44-7-51 if the landlord has failed to keep the premises in repair after notice. Address known habitability issues before filing.

☐ 12.5. Self-help liability. Lockouts, removal of belongings, and utility shut-offs are forbidden under O.C.G.A. § 44-7-14.1 and may also create civil liability and a complete defense to dispossessory.

☐ 12.6. Federally subsidized leases (Section 8 HCV/PBV, public housing, LIHTC, RD, Section 236, Section 202/811) require longer pre-eviction notices, written grounds, and (in HUD-subsidized properties) good-cause for non-renewal. Consult HUD Handbook 4350.3.

☐ 12.7. VAWA protections. In housing assisted under a covered housing program, an otherwise-qualified tenant may not be evicted based on being a victim of domestic violence, dating violence, sexual assault, or stalking. 34 U.S.C. § 12491.

13. SOURCES AND REFERENCES

• O.C.G.A. § 44-7-50 — Demand for possession.
• O.C.G.A. § 44-7-2 — Form, recording, and effect of leases.
• O.C.G.A. § 44-7-13 — Landlord's duty to keep premises in repair.
• O.C.G.A. § 44-7-14 — Tort liability of landlord for premises out of repair.
• O.C.G.A. § 44-7-14.1 — Self-help eviction and utility suspension prohibited.
• O.C.G.A. § 44-7-24 — Tenant retaliation protection (prima facie case).
• O.C.G.A. § 44-7-51 — Defenses and counterclaims.
• 34 U.S.C. § 12491 — Violence Against Women Act housing protections.
• 42 U.S.C. § 1437d(l) — Public housing lease termination grounds.
• HUD Handbook 4350.3 — Occupancy Requirements of Subsidized Multifamily Housing.
• Georgia Office of Consumer Protection, Georgia Landlord-Tenant Handbook.
• Georgia Appleseed Center for Law & Justice, Safe at Home Act Bench Card (2024).