Notice to Pay or Quit (Demand for Possession) — Georgia

NOTICE TO PAY RENT OR QUIT — DEMAND FOR POSSESSION — STATE OF GEORGIA

TABLE OF CONTENTS

1. Heading and Parties
2. Premises and Lease
3. Statement of Default
4. Itemization of Amounts Owed
5. Demand to Pay or Vacate
6. Method of Payment and Delivery
7. Consequences of Non-Compliance
8. Reservation of Rights
9. Tenant Resources
10. Signature and Verification
11. Certificate of Service
12. Georgia Practice Notes
13. Sources and References

1. HEADING AND PARTIES

STATE OF GEORGIA

[COUNTY NAME] COUNTY

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

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

YOU ARE HEREBY NOTIFIED that you are in default under the terms of your written/oral lease for the premises described below. Pursuant to O.C.G.A. § 44-7-50, the Landlord hereby demands payment of all past-due rent and other charges, OR delivery of possession of the premises, within THREE (3) BUSINESS DAYS of the date this Notice is served on you.

2. PREMISES AND LEASE

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

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

☐ 2.3. Lease Type:

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

☐ 2.4. Monthly Rent: $[__________], due on the [____] day of each month.

☐ 2.5. Lease term, if fixed: [START DATE] through [END DATE].

3. STATEMENT OF DEFAULT

☐ 3.1. The Tenant has failed to pay rent and/or other charges due under the lease for the rental period(s) of [MONTH/YEAR – MONTH/YEAR].

☐ 3.2. As of the date of this Notice, the total past-due balance is $[__________], itemized in Section 4 below.

☐ 3.3. The Landlord has not waived the breach and does not by issuing this Notice waive any past, present, or future breach of the lease.

4. ITEMIZATION OF AMOUNTS OWED

5. DEMAND TO PAY OR VACATE

☐ 5.1. YOU MUST EITHER:

• (a) PAY the total amount of $[__________] in full, in good and certified funds, to the Landlord at the address specified in Section 6; OR
• (b) DELIVER POSSESSION of the premises in broom-clean condition, with all keys, to the Landlord at the address specified in Section 6,

ON OR BEFORE [__/__/____] (which is three (3) business days after service of this Notice, excluding Saturdays, Sundays, and Georgia legal holidays).

☐ 5.2. PARTIAL PAYMENT WILL NOT BE ACCEPTED as a cure of this default unless the Landlord agrees in writing.

☐ 5.3. TIME IS OF THE ESSENCE.

6. METHOD OF PAYMENT AND DELIVERY

☐ 6.1. Acceptable Forms of Payment:

• ☐ Certified check or cashier's check payable to "[LANDLORD NAME]"
• ☐ Money order
• ☐ Online payment portal at [URL] (if authorized by lease)
• ☐ Other: [________________________________]

Personal checks ☐ ARE / ☐ ARE NOT accepted to cure this default.

☐ 6.2. Payment Address:

[LANDLORD NAME]
[STREET ADDRESS]
[CITY], GA [ZIP]

☐ 6.3. Possession Delivery: All keys (unit, mailbox, common-area, garage, gate, etc.) must be returned to [LANDLORD ADDRESS / KEY DROP LOCATION], and the premises must be vacant and broom-clean.

7. CONSEQUENCES OF NON-COMPLIANCE

☐ 7.1. If you fail to pay the full amount owed OR vacate the premises within three (3) business days of service of this Notice, 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 other occupants;
• (c) Seek a money judgment for all past-due rent, late fees, court costs, and (if authorized by the lease) attorney's fees;
• (d) Report the eviction to consumer-reporting agencies and tenant-screening services as permitted by law;
• (e) Pursue all other remedies available under the lease and Georgia law.

☐ 7.2. STATUTORY RIGHT TO TENDER. Under O.C.G.A. § 44-7-52, you have a one-time right within any 12-month period to tender all past-due rent plus the cost of the dispossessory warrant within seven (7) days after service of the dispossessory summons; if you do so and have not exercised that right in the prior twelve months, the Landlord must accept payment and the action will be dismissed.

☐ 7.3. SELF-HELP PROHIBITED. The Landlord will NOT lock you out, remove your belongings, shut off utilities (including cooling, per the 2024 Safe at Home Act), or otherwise dispossess you outside the judicial process. Any such action by the Landlord would violate O.C.G.A. § 44-7-14.1.

8. RESERVATION OF RIGHTS

☐ 8.1. The Landlord reserves all rights and remedies under the lease, Georgia law, and federal law, including but not limited to the right to recover damages for breach of lease, holdover damages, attorney's fees if authorized, and post-judgment interest.

☐ 8.2. Acceptance of any partial payment after the date of this Notice shall not be construed as a waiver of this default or of the Landlord's right to proceed with dispossessory proceedings, unless the Landlord expressly agrees in a signed writing.

☐ 8.3. This Notice constitutes the demand for possession required by O.C.G.A. § 44-7-50 and the three-business-day notice to vacate or pay required by O.C.G.A. § 44-7-50(c) (Safe at Home Act).

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.
• City of Atlanta Eviction Diversion Program (Star-C): Up to $7,000 in rental assistance (subject to funding availability).
• DeKalb Eviction Legal Defense Fund: For DeKalb County tenants facing dispossessory.
• Housing Court Assistance Center (Atlanta BeltLine): Walk-in legal clinic for Atlanta tenants.
• 211 Georgia: Dial 2-1-1 for rental assistance referrals.

10. SIGNATURE AND VERIFICATION

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) named above 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 (required by O.C.G.A. § 44-7-50(c) for Safe-at-Home-Act notices)
• ☐ First-class U.S. Mail to [ADDRESS] (postage prepaid)
• ☐ Certified mail, return receipt requested, tracking #[__________]
• ☐ Email to [EMAIL ADDRESS] (only if authorized by the rental agreement)
• ☐ Text message to [PHONE NUMBER] (only if authorized by the rental agreement)
• ☐ Other (as authorized by the rental agreement): [____________]

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

12. GEORGIA PRACTICE NOTES

☐ 12.1. No statutory minimum notice period for the demand itself. O.C.G.A. § 44-7-50(a) authorizes "immediate" filing upon refusal/failure to deliver after demand. The Safe at Home Act (2024) layers on a 3-business-day pay-or-quit window for residential leases entered into or renewed on or after July 1, 2024.

☐ 12.2. Demand may be oral or written. Eckerd Corp. v. Alterman Properties and other Georgia cases recognize oral demand. Written demand is strongly preferred for evidentiary reasons; for residential leases subject to the Safe at Home Act, the written notice is required.

☐ 12.3. Refusal element. The dispossessory affidavit must allege both (a) demand and (b) tenant's refusal/failure to deliver. Save proof of service and any tenant response (text, email, voicemail).

☐ 12.4. Once-per-12-months tender right. Under O.C.G.A. § 44-7-52, the tenant may pay all rent due plus the costs of the dispossessory action within seven (7) days after service of the summons and the landlord must accept it — unless the tenant has invoked the same statutory right within the preceding 12 months.

☐ 12.5. Self-help prohibited. O.C.G.A. § 44-7-14.1 prohibits the landlord from suspending utility service (electric, gas, water, and as of the 2024 Safe at Home Act, cooling) prior to final judgment. Violations carry up to a $500 civil penalty per occurrence and may be a defense to dispossessory.

☐ 12.6. Servicemembers. Confirm the tenant is not on active duty before filing. The SCRA requires a court order before eviction of a covered servicemember.

☐ 12.7. Federally subsidized housing. Public-housing, project-based Section 8, and LIHTC tenants are entitled to longer pre-filing notices and additional procedural protections. CARES Act 30-day notice still applies to covered properties. Consult HUD guidance.

☐ 12.8. Atlanta and DeKalb diversion programs. Some courts now require landlord participation in or referral to local diversion programs prior to issuance of a writ of possession; check the standing orders of the Magistrate Court of [COUNTY] County.

13. SOURCES AND REFERENCES

• O.C.G.A. § 44-7-50 — Demand for possession; procedure upon a tenant's refusal; notice to vacate or pay.
• O.C.G.A. § 44-7-50(c) — Three-business-day notice to vacate or pay (Safe at Home Act, 2024).
• O.C.G.A. § 44-7-51 — Issuance of summons; service; time for answer; defenses and counterclaims.
• O.C.G.A. § 44-7-52 — Tender of rent and costs as complete defense.
• O.C.G.A. § 44-7-14.1 — Suspension of utility service prohibited prior to final judgment.
• O.C.G.A. § 44-7-2 — Form and recording of leases.
• O.C.G.A. § 44-7-24 — Tenant retaliation protection.
• 50 U.S.C. § 3951 — Servicemembers Civil Relief Act, eviction stay.
• Georgia Magistrate Court Council, Form MAG-30-01 — Dispossessory Affidavit and Summons (statutory form).
• Georgia Office of Consumer Protection, Georgia Landlord-Tenant Handbook.
• Atlanta Volunteer Lawyers Foundation (AVLF), Eviction Defense Program.
• Georgia Legal Aid (GeorgiaLegalAid.org) — How to File / Answer a Dispossessory.
• Georgia Appleseed Center for Law & Justice, Safe at Home Act Bench Card (2024).