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 of the lease breach described below. Landlord makes the demand selected in Section 5 under the identified lease terms and, where possession is demanded, O.C.G.A. § 44-7-50. Read the selected deadline and any offered cure 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

Select one demand after checking the lease, tenancy status, and any applicable program notice or cure rule:

• ☐ Cure or surrender possession. Cure the violation described in Sections 3 and 4 by completing the selected steps in Section 6, or deliver possession and the keys to Landlord by [__/__/____]. The cure period and its source are [NUMBER OF DAYS; LEASE PARAGRAPH OR OTHER AUTHORITY].
• ☐ Possession only; no cure offered. The tenancy ended on [__/__/____] under [LEASE TERMINATION PROVISION AND FACTS / OTHER APPLICABLE BASIS]. Landlord demands possession and the keys by [__/__/____]. Sections 5 and 6 do not offer a cure for this selected demand. Confirm that no lease, statute, or housing-program rule requires a cure opportunity or longer notice before selecting this option.

The stated deadline is [NUMBER] days after service, calculated under [LEASE OR OTHER APPLICABLE REQUIREMENT]. This form does not itself establish that a breach terminated an unexpired fixed-term lease.

6. CURE STEPS REQUIRED

If the cure-or-surrender option in Section 5 is selected, complete only the applicable cure steps below. If the possession-only option is selected, mark this section not applicable.

☐ 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] as required by lease paragraph [NUMBER] and applicable law."]

☐ 6.4. [SPECIFIC ACTION 4 — e.g., "Stop the noise identified in the cited lease provision."]

☐ 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. Any inspection to confirm cure must follow the lease and applicable access rules.

7. CONSEQUENCES OF NON-COMPLIANCE

☐ 7.1. If you do not comply with the selected demand by its stated deadline, the Landlord may, subject to applicable law and required notices:

• (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 any money relief supported by the pleaded claim, evidence, and applicable law;
• (d) Pursue all other remedies at law or equity.

☐ 7.2. LANDLORD COMMITMENT; UTILITIES. The Landlord will use the judicial process to recover possession and will not change locks or remove personal property outside that process. O.C.G.A. § 44-7-14.1 separately bars knowing and willful suspension of covered utilities before final disposition of a dispossessory proceeding; the 2024 Act added cooling to the definition for residential leases entered or renewed on or after July 1, 2024.

8. RESERVATION OF RIGHTS

☐ 8.1. The Landlord reserves available rights and remedies under the lease and applicable law, subject to any waiver that results from a later agreement or conduct.

☐ 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: AVLF's walk-in clinic at the Fulton County Courthouse, 185 Shirley C. Franklin Blvd., Atlanta, GA 30303. Check AVLF's current hours and room locations before visiting.
• 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

For a residential lease entered into or renewed on or after July 1, 2024, this § 44-7-50(a) demand must be posted conspicuously in a sealed envelope on the premises door and delivered by every additional method agreed in the rental agreement. Complete the required record below; listing another method does not replace door posting. For an older lease, verify its applicable service rule before use.

Lease entered or last renewed: [__/__/____]. Covered by the July 1, 2024 applicability date? ☐ Yes ☐ No; basis: [____]

Required door posting for a covered lease: Sealed envelope posted conspicuously on the premises door on [__/__/____] at [TIME] by [SERVER]. Door/address and proof: [____].

Every additional method agreed in the rental agreement: [LIST METHODS AND CLAUSE / NONE]. Delivery records:

• ☐ Personal hand-delivery to [TENANT NAME] at [LOCATION] on [DATE/TIME]
• ☐ First-class U.S. Mail to [ADDRESS] on [DATE]
• ☐ Certified mail, return receipt requested, tracking [NUMBER], sent [DATE]
• ☐ Email to [EMAIL] on [DATE] under lease clause [NUMBER]
• ☐ Text message to [PHONE] on [DATE] under lease clause [NUMBER]
• ☐ Other agreed method: [METHOD, DESTINATION, DATE, PROOF]

Older lease only, if door posting is not required: [LAWFUL METHOD, DATE, RECIPIENT, PROOF]

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

12. GEORGIA PRACTICE NOTES

☐ 12.1. Select the correct demand. Section 44-7-50(a) describes a demand for possession; it does not supply a general seven-day cure period for a nonrent breach or automatically end an unexpired fixed-term lease. Check the lease and any applicable statute or housing-program requirement before setting the deadline or declining to offer a cure.

☐ 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)-(c), a tenant can establish a prima facie case by showing a protected action concerning life, health, safety, or habitability and a listed landlord action, including filing a dispossessory, within three months. Protected actions include exercising a contract or legal remedy on such a concern, giving repair notice, making a qualifying good-faith code or utility complaint, or participating in a tenant organization to address habitability. Check the statutory exceptions in subsection (d) and document the independent basis for this notice.

☐ 12.4. Habitability counterclaim. O.C.G.A. § 44-7-13 requires the landlord to keep the premises in repair. For a residential lease entered or renewed on or after July 1, 2024, the 2024 Act deems the agreement to include a fitness-for-human-habitation provision. Section 44-7-14 separately addresses an out-of-possession landlord's tort liability to third persons; do not treat it as the tenant's habitability remedy. Address known habitability issues before filing; a tenant may plead supported defenses or counterclaims under § 44-7-51.

☐ 12.5. Utility suspension. O.C.G.A. § 44-7-14.1 bars a landlord from knowingly and willfully suspending covered utilities before final disposition of a dispossessory proceeding. Cooling was added to the definition for residential leases entered or renewed on or after July 1, 2024. The section does not itself make a lockout or property removal a violation or supply a civil remedy or complete dispossessory defense.

☐ 12.6. Housing program review. If this property participates in a public or assisted housing program, confirm that program's grounds, notice, delivery, and cure rules before choosing a demand. This form does not supply those program-specific requirements.

☐ 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. § 44-7-13 — Landlord's duty to keep premises in repair.
• O.C.G.A. § 44-7-14 — Tort liability to third persons after the landlord parts with possession.
• O.C.G.A. § 44-7-14.1 — Knowing and willful utility suspension during dispossessory 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.
• Georgia Department of Community Affairs, Georgia Landlord-Tenant Handbook: https://dca.georgia.gov/document/manuals/georgia-landlord-tenant-handbook-english/download
• Georgia Appleseed Center for Law & Justice, Safe at Home Act Bench Card (2024).