How Much Notice Is Required When Terminating a Residential Lease Agreement in Georgia?

Georgia law describes a residential lease as an agreement allowing a person to use or rent your "real property as a dwelling." Real property refers to land and things, such as houses and other structures, attached to it. When you, as a real estate owner, enter a residential lease, you become the landlord and the other party becomes a tenant. Georgia law generally imposes notice requirements for terminating a residential lease. However, the amount of notice required depends on the reason for termination.

Notice

Tenants are entitled to notice that you're terminating their residential lease. First, you must make a demand for whatever you want, whether that is unpaid rent, compliance with terms of the lease or just the tenant's departure.The notice, following your demand, generally involves the sheriff giving the tenant a copy of a summons and an affidavit that you would have filed with the court. If the sheriff cannot find your tenant, she may give notice to someone living on the premises. If the sheriff can't find someone on the premises to serve, she can affix a copy of the affidavit and summons to the tenant's door and, on the same day, send copies by First-Class Mail.

Non-Payment

You may initiate eviction proceedings to terminate your lease immediately if you have demanded a timely rent payment and the tenant has refused. The tenant has seven days to respond after receiving notice of your eviction proceeding. In Georgia, the tenant may respond by paying all the past-due rent plus court costs. This would stop the eviction. However, this "pay and stay" option isn't available if your tenant has used it more than once in a 12 month period.

Holdover

As with a tenant who has not paid rent, the landlord may begin evicting a holdover tenant immediately after demanding that he vacate the property. A holdover tenant is an individual who, without authorization, stays on the landlord's property after the residential lease term has ended. A tenant who doesn't pay rent can also be classified as a holdover tenant. After you initiate the eviction process and notify the tenant, the tenant has seven days to respond. Failure to respond will result in a default judgment in your favor.

Tenancy-At-Will

If your residential lease agreement doesn't specify how long a tenancy will last, you have what's called a "tenancy-at-will." As the name suggests, either you or your tenant may terminate the lease at any time. However, if you are terminating, Georgia law requires you to give 60 days notice to your tenant. If your tenant is terminating the tenancy-at-will, the law requires him to give you 30 days notice.

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