Notice to Terminate Tenancy at Will (No-Cause) — Georgia

NOTICE TO TERMINATE TENANCY AT WILL — STATE OF GEORGIA

SELECT FORM

• ☐ Form A — Landlord to Tenant (60-day notice; § 1A below)
• ☐ Form B — Tenant to Landlord (30-day notice; § 1B below)

1A. LANDLORD'S NOTICE OF TERMINATION (60 DAYS)

STATE OF GEORGIA

[COUNTY NAME] COUNTY

SIXTY (60) DAY NOTICE OF TERMINATION OF TENANCY AT WILL
(O.C.G.A. § 44-7-7)

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

YOU ARE HEREBY NOTIFIED that, pursuant to O.C.G.A. § 44-7-7, the Landlord is terminating your tenancy at will at the premises identified below, effective [__/__/____], which date is at least sixty (60) days after the date of this Notice.

☐ Premises: [STREET ADDRESS], [CITY], [COUNTY] County, Georgia [ZIP], Unit [____].

☐ Date of tenancy commencement: [__/__/____].

☐ Tenancy type: ☐ Tenancy at will (oral month-to-month) ☐ Holdover from expired written lease dated [__/__/____] ☐ Other: [____________]

☐ Termination Date (move-out deadline): [__/__/____]. You must surrender peaceful possession of the premises in broom-clean condition, with all keys returned to the Landlord, on or before this date.

☐ Continued obligations. Until the Termination Date, you remain obligated to pay rent in the amount of $[__________] per month, due on the [____] of each month, and to comply with all lease and house-rule obligations.

☐ Pro-rated rent for partial final month (if applicable): $[__________] for [____] days.

☐ Security deposit return. Within 30 days after Landlord obtains possession, the Landlord will return the security deposit, less lawful deductions itemized in writing, to the Tenant's forwarding address pursuant to O.C.G.A. § 44-7-34. Tenant should provide a forwarding address.

☐ Inspection. You have the right to be present at the move-out inspection. Contact the Landlord at the number below to schedule.

☐ No retaliation / discrimination. This Notice is given solely in the exercise of the Landlord's statutory right under O.C.G.A. § 44-7-7 and is not given in retaliation for any protected tenant activity, nor on the basis of race, color, national origin, religion, sex, familial status, disability, or any other class protected by the Fair Housing Act or the Georgia Fair Housing Act.

1B. TENANT'S NOTICE OF TERMINATION (30 DAYS)

STATE OF GEORGIA

[COUNTY NAME] COUNTY

THIRTY (30) DAY NOTICE OF TERMINATION OF TENANCY AT WILL
(O.C.G.A. § 44-7-7)

TO: [LANDLORD NAME]:

YOU ARE HEREBY NOTIFIED that, pursuant to O.C.G.A. § 44-7-7, the Tenant is terminating the tenancy at will at the premises identified below, effective [__/__/____], which date is at least thirty (30) days after the date of this Notice.

☐ Premises: [STREET ADDRESS], [CITY], [COUNTY] County, Georgia [ZIP], Unit [____].

☐ Move-out date: [__/__/____]. Tenant will deliver peaceful possession on or before this date and will return all keys to Landlord at [ADDRESS / KEY DROP].

☐ Forwarding address for security deposit return (per O.C.G.A. § 44-7-34):

[NAME]
[STREET ADDRESS]
[CITY], [STATE] [ZIP]

☐ Final rent and pro-ration: Tenant will pay any rent owed through [__/__/____] in the amount of $[__________].

☐ Inspection. Tenant requests an opportunity to be present at the move-out inspection. Please contact Tenant at [PHONE / EMAIL] to schedule.

2. SERVICEMEMBER (SCRA) NOTICE — OPTIONAL TENANT ALTERNATIVE

If the Tenant is an active-duty servicemember and is terminating because of receipt of military orders for a permanent change of station, deployment of 90+ days, or activation, Tenant may instead invoke 50 U.S.C. § 3955:

☐ Tenant invokes 50 U.S.C. § 3955 (SCRA lease termination).

☐ Copy of military orders attached as Exhibit A.

☐ Effective termination date: 30 days after the next rental due date following service of this Notice, namely [__/__/____].

3. METHOD OF SERVICE

The party giving this Notice certifies that on [__/__/____] this Notice was served by:

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

4. SIGNATURE

Dated: [__/__/____]

[________________________________]
[NAME OF PARTY GIVING NOTICE]
☐ Landlord ☐ Tenant ☐ Property Manager ☐ Attorney
[ADDRESS]
[PHONE]
[EMAIL]

5. POST-TERMINATION HOLDOVER (LANDLORD)

If the Tenant fails to vacate by the Termination Date in Section 1A, the Landlord will:

☐ 5.1. Serve a separate Demand for Possession under O.C.G.A. § 44-7-50 (or rely upon this Notice as the demand, where lease and law permit);

☐ 5.2. File a Dispossessory Affidavit and Summons in the Magistrate Court of [COUNTY] County under O.C.G.A. §§ 44-7-49 through 44-7-59;

☐ 5.3. Seek a Writ of Possession, holdover damages at the rental rate (or such higher rate as may be authorized by lease), court costs, and attorney's fees if authorized by the lease;

☐ 5.4. Pursue all other remedies available at law or in equity.

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

6. GEORGIA PRACTICE NOTES

☐ 6.1. Tenancy at will defined. O.C.G.A. § 44-7-6 defines tenancy at will. Most month-to-month tenancies created by oral agreement or by holdover after expiration of a fixed term are tenancies at will.

☐ 6.2. Notice running. The 60-day landlord notice and 30-day tenant notice run from the date of actual notice. Most courts require the notice to expire on a "rent day" (the day rent is due) unless the tenancy is otherwise structured. Best practice: pick a termination date that lands on the day before the next rent-due date after the 60th/30th day.

☐ 6.3. Computation of time. Day of service is excluded; if the last day falls on a weekend or Georgia legal holiday, the notice expires on the next business day.

☐ 6.4. No-cause is NOT no-protection. Federal and state Fair Housing laws, the SCRA, the VAWA, and § 44-7-24 retaliation rules still apply.

☐ 6.5. Federally subsidized housing. Public-housing, project-based Section 8, LIHTC, and HUD multifamily tenancies generally require "good cause" and longer notice; do NOT use this template for those tenancies.

☐ 6.6. Local ordinances. Verify local ordinances in [COUNTY] County and/or [CITY] for any just-cause or relocation requirements.

☐ 6.7. Mobile home park tenancies are governed by O.C.G.A. §§ 44-7-50 et seq. but with special provisions; consult counsel.

7. SOURCES AND REFERENCES

• O.C.G.A. § 44-7-6 — Tenancy at will defined.
• O.C.G.A. § 44-7-7 — Tenancy at will: notice required for termination (60/30 days).
• O.C.G.A. § 44-7-24 — Retaliation prima facie case.
• O.C.G.A. § 44-7-30 through 44-7-37 — Security deposits.
• O.C.G.A. § 44-7-50 — Demand for possession after termination.
• O.C.G.A. § 44-7-14.1 — Prohibition on self-help.
• 42 U.S.C. §§ 3601 et seq. — Fair Housing Act.
• O.C.G.A. §§ 8-3-200 through 8-3-223 — Georgia Fair Housing Act.
• 50 U.S.C. § 3955 — SCRA lease termination by servicemember.
• 34 U.S.C. § 12491 — VAWA housing protections.
• Georgia Office of Consumer Protection, Georgia Landlord-Tenant Handbook.