Demand for Possession

DEMAND FOR POSSESSION

(Georgia - Nonpayment of Rent)

NOTICE INFORMATION

Date of Notice: [DATE]

Tenant Name(s): [TENANT FULL LEGAL NAME(S)]

Rental Property Address:
[STREET ADDRESS]
[CITY], Georgia [ZIP CODE]
[UNIT/APT NUMBER, if applicable]
County: [COUNTY NAME]

DEMAND FOR POSSESSION

TO THE ABOVE-NAMED TENANT(S) AND ALL OTHERS IN POSSESSION:

Pursuant to O.C.G.A. § 44-7-50, you are hereby notified that you are in default of your rental agreement for the above-referenced premises due to nonpayment of rent.

DEMAND IS HEREBY MADE THAT YOU IMMEDIATELY PAY THE RENT DUE OR DELIVER POSSESSION OF THE PREMISES TO THE UNDERSIGNED LANDLORD.

AMOUNT DUE

DEMAND

You are hereby demanded to IMMEDIATELY:

1. PAY IN FULL the total amount due as stated above; OR

2. VACATE AND SURRENDER possession of the above-described premises to the undersigned Landlord.

If payment or possession is not received within [THREE (3) to SEVEN (7)] DAYS from the date of this demand, the Landlord will file a Dispossessory Affidavit and Summons in the appropriate Georgia court.

CONSEQUENCES OF NON-COMPLIANCE

If you fail to pay the full amount owed or vacate the premises, the Landlord will pursue legal remedies available under Georgia law, including but not limited to:

• Filing a Dispossessory Proceeding in the [MAGISTRATE COURT / STATE COURT / SUPERIOR COURT] of [COUNTY NAME] County pursuant to O.C.G.A. §§ 44-7-50 et seq.;
• Seeking a judgment for possession of the premises (Writ of Possession);
• Seeking a money judgment for all unpaid rent, late fees, court costs, and attorney's fees as permitted by the lease agreement;
• Any other remedies available at law or in equity.

PAYMENT INSTRUCTIONS

Payment must be made by: [CHECK / MONEY ORDER / CASHIER'S CHECK / CERTIFIED FUNDS / OTHER ACCEPTED METHODS]

Payment must be delivered to:
[LANDLORD NAME OR PROPERTY MANAGEMENT COMPANY]
[ADDRESS]
[CITY], Georgia [ZIP CODE]
[PHONE NUMBER]

IMPORTANT LEGAL NOTICES

1. Georgia Dispossessory Process: If a Dispossessory action is filed, you will be served with a summons requiring you to answer within seven (7) days. You have the right to file an answer and appear in court to contest the action.

2. Right to Pay: If you pay all amounts due (including any court costs and fees if an action has been filed) before a judgment for possession is entered, you may be able to remain in the premises. Consult the court or an attorney.

3. Writ of Possession: If the court enters a judgment for possession against you and issues a Writ of Possession, you will have seven (7) days to vacate before the sheriff or marshal may execute the writ and physically remove you and your belongings.

4. Defenses: You may have legal defenses to the eviction action, including but not limited to breach of the warranty of habitability, improper notice, or retaliation. Consult an attorney.

5. Security Deposit: Your security deposit will be handled in accordance with O.C.G.A. § 44-7-30 et seq.

6. Military Personnel: If you are a servicemember on active duty, you may have additional rights under the federal Servicemembers Civil Relief Act (50 U.S.C. § 3901 et seq.). Consult with a legal assistance attorney or JAG officer.

7. Legal Assistance: For legal help, contact:
   - Georgia Legal Services Program: 1-888-632-5650
   - Atlanta Legal Aid Society: (404) 524-5811
   - State Bar of Georgia Lawyer Referral: (404) 527-8700

RESERVATION OF RIGHTS

This demand is made without waiving any rights or remedies of the Landlord, all of which are expressly reserved, including the right to recover possession, unpaid rent, damages, attorney's fees, and costs as provided by the lease agreement and Georgia law.

CERTIFICATION OF SERVICE

I, the undersigned, hereby certify that a copy of this Demand for Possession was served upon the above-named Tenant(s) on [DATE OF SERVICE] by the following method:

☐ Personal delivery to Tenant
☐ Delivery to a person of suitable age and discretion residing at the premises
☐ Posting in a conspicuous place on the premises
☐ Certified mail, return receipt requested
☐ First-class mail

LANDLORD/AGENT SIGNATURE

Landlord/Authorized Agent Name: [PRINT NAME]

Signature: ____________________________________

Date: [DATE]

Address:
[LANDLORD ADDRESS]
[CITY], Georgia [ZIP CODE]

Telephone: [PHONE NUMBER]

Email: [EMAIL ADDRESS]

PROOF OF SERVICE

Server Name: [PRINT NAME OF PERSON WHO SERVED NOTICE]

Signature: ____________________________________

Date of Service: [DATE]

Time of Service: [TIME]

Method of Service: [DESCRIBE METHOD USED]

This notice is intended to comply with the requirements of O.C.G.A. §§ 44-7-50 et seq. Georgia landlord-tenant law does not require a specific cure period for nonpayment. This template does not constitute legal advice. Consult a licensed Georgia attorney for guidance specific to your situation.