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GeorgiaImmediate / DemandOCGA § 44-7-50

Georgia Demand for Possession — Non-Payment of Rent (OCGA § 44-7-50)

Georgia is one of the most landlord-friendly states in the country. Unlike most states with a fixed 3, 5, or 14-day notice period, Georgia law under OCGA § 44-7-50 simply requires a written demand for possession — and you set the deadline. There is no statutory minimum waiting period for non-payment evictions. That flexibility is powerful, but the written demand is still mandatory. You cannot skip it and file directly in court.

What the Demand Must Include

Under OCGA § 44-7-50, a valid Georgia demand for possession must state:

  • Tenant's name
  • Property address
  • The amount of rent owed
  • A demand that the tenant pay or vacate
  • Your name and contact information as landlord
  • The date by which the tenant must comply

There is no statutory form required — the notice just needs to clearly demand payment or possession.

What Deadline Should You Set?

Most Georgia landlords use a 3-day deadline as a matter of practice. Courts are familiar with this timeline. You can set longer (7 days, 10 days) if you want to give more time, but shorter than 3 days may draw scrutiny.

Check your lease — if it specifies a notice period, you must comply with it.

No Rent Control, No Late Fee Restrictions

Georgia has no statewide rent control and does not restrict late fees in eviction notices the way California does. You may include the rent balance only or the full amount owed including late fees — as long as the total is accurate and matches your lease terms.

How to Serve the Demand in Georgia

Georgia does not prescribe specific service methods in the statute, but best practice is:

  1. Personal delivery — hand directly to the tenant
  2. Posting on the door plus mailing a copy
  3. Certified mail with return receipt

Document your service method with photos and a written record. Your proof of service will be needed when filing in Magistrate Court.

Filing After the Deadline

If the tenant fails to pay or vacate by your stated deadline, file a Dispossessory Affidavit (eviction petition) in the Magistrate Court of the county where the property is located. Bring your written demand and proof of service.

Georgia's court system is fast by national standards — hearings are typically scheduled within 7 days of filing.

Frequently Asked Questions

Can I set a same-day deadline?

Technically yes under Georgia law, but courts expect a reasonable opportunity to cure. A 3-day period is standard and defensible.

Does Georgia require any specific language in the demand?

No verbatim statutory language is required — Georgia's notice rules are minimal compared to states like California or New York.

What if the tenant pays after the deadline but before I file?

If you accept payment after the deadline, you generally waive the demand and must start over. If you want to preserve the right to file, do not accept payment after the deadline passes.

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Not legal advice. Consult an attorney for contested evictions.