Georgia law authorizes landlords to evict a tenant for failure to pay rent in a timely manner. Before an eviction lawsuit is initiated, the landlord must provide notice to the tenant that rent is due and the tenant must fail to pay. The procedures for providing notice of eviction must be properly followed in order for the eviction to stand.
An eviction notice can be given to the tenant the very day after rent is due and unpaid. If, upon receiving notice, the tenant refuses to vacate the premises or pay overdue rent, then the landlord can file an affidavit to begin the eviction process. Landlords typically wait approximately three days to file an eviction lawsuit after giving an eviction notice (although Georgia law does not mandate a time frame for filing a lawsuit). Three days is generally considered reasonable to give the tenant time to pay or move.
The notice should ideally be in writing and include the following information: the date the notice is served, the name of the tenant, the basis of the notice (which describes the provision of the lease that was violated), the amount of past-due rent including late penalties, the party to which rent should be paid, and a note stating that the tenant may pay the rent and charges within a certain time period if he wants to avoid eviction proceedings.
Georgia law does not specify the exact procedures for giving notice to the tenant. It is advisable to provide notice in one of the following ways: (i) the landlord can personally give notice; (ii) the landlord can place the notice in a place where the tenant will see it; or (iii) the tenant can mail the notice to the tenant by way of registered or certified mail.
Upon receiving the notice, the tenant can pay the rent and any late charges up to seven days after being notified of the eviction lawsuit or vacate the premises (after which the landlord can bring action against the tenant for unpaid amounts). If the tenant does not pay rent or leave the unit, then the landlord can file an affidavit to initiate the eviction. The judge must issue an order before the landlord can evict the tenant.
The experienced team of attorneys at the Law Offices of Mark Weinstein, P.C. can help you litigate your real estate claims. Contact Mark Weinstein and his colleagues at (770) 888-7707 or visit them at http://www.markweinsteinlaw.com to find out how they can advise you.