Georgia 3-Day Notice to Vacate: Delivery, Defenses, and Writs

A Georgia 3-day notice to vacate is a written demand that gives a tenant three business days to pay overdue rent or move out before the landlord can file an eviction lawsuit. Georgia law calls this a “demand for possession,” and it is the required first step in any dispossessory case based on nonpayment.¹ Skipping this step, or getting the contents or delivery wrong, can get the whole case dismissed.

What the Notice Must Say

The notice must be in writing and must demand that the tenant either pay everything owed or leave the property within three business days. Weekends and legal holidays don’t count toward the three days. The statute requires the landlord to list all past-due rent, late fees, utilities, and any other charges the tenant owes under the lease.¹

A vague or incomplete notice can be found defective. If the notice fails to state the full amount owed, or doesn’t make clear that the tenant must vacate if payment is not made, the landlord may have to serve a corrected notice and wait out a fresh three-business-day period before filing anything.

This pay-or-quit framework applies to nonpayment of rent. It is not the same procedure used when a tenancy at will is being ended for other reasons; in that situation Georgia law requires 60 days’ notice from the landlord before a dispossessory action.²

How the Notice Must Be Delivered

Georgia changed the delivery rules in 2024. For any residential lease entered into or renewed on or after July 1, 2024, the demand for possession must be posted in a sealed envelope on the front door of the property. If the lease specifies additional delivery methods, the landlord must use those too.¹ Older lease templates or advice predating this change may describe methods that no longer satisfy the statute.

Documentation of delivery matters. A dated photograph of the sealed envelope on the door, along with proof of any additional method the lease requires, gives the landlord something concrete to show the court. A tenant who convincingly claims no notice was received can get the case dismissed.

What Happens After the Three Days

If the tenant neither pays nor leaves once the three business days end, the landlord can file a dispossessory affidavit in the magistrate court of the county where the property is located. The affidavit is a sworn statement setting out the grounds for eviction and confirming that a proper demand for possession was made.¹

Once the affidavit is filed, the court issues a summons. The sheriff’s office serves the tenant personally with the summons and affidavit. If personal service isn’t possible, the papers can be given to another adult on the premises. As a last resort, the sheriff can post the summons on the door and mail a copy by first-class mail the same day.³

The tenant has seven days from the date of service to file an answer. The answer can be written or oral, and can include any legal defense or counterclaim. If the seventh day is a weekend or legal holiday, the deadline moves to the next business day. The summons itself states the last date to respond.³

Missing that seven-day deadline is costly. The court can enter a default judgment for the landlord without a hearing. One limit: when the tenant was served only by door-posting and mail, the court can grant a default for possession of the property but cannot enter a default money judgment for unpaid rent unless the tenant appears or files something in the case.³

The Tenant’s Right To Pay and Stop the Eviction

Georgia gives tenants a way to shut the case down. Within seven days of being served with the summons, the tenant can pay the full amount of past-due rent plus the landlord’s court filing costs. A full tender within that window is a complete defense to the eviction.⁴

Two conditions apply. A landlord is only required to accept a tender payment once in any 12-month period, so a tenant who uses this right and then falls behind again within that year can be refused payment and evicted.⁴ Even after a successful tender, the tenant should still file an answer with the court noting that the tender was made and accepted.

If the landlord wrongly refuses a valid tender, the tenant can file an answer explaining what happened. A court that finds the refusal improper can order the landlord to accept payment and let the tenant stay, as long as the tenant pays within three days of the court’s order.

After a Judgment: The Writ of Possession

If the court rules for the landlord, the judgment covers possession of the property and any rent or other amounts owed. The court then issues a writ of possession, which becomes effective seven days after the judgment date.⁵ Those seven days are a final chance to move out voluntarily.

The landlord must apply for execution of the writ within 30 days. A sheriff, deputy, or constable carries out the removal. If the sheriff’s office can’t get to it within 14 days of the landlord’s request, the landlord may hire an off-duty certified peace officer to execute the writ at the landlord’s expense. Any personal property left behind after the writ is executed is treated as abandoned, and the landlord has no duty to safeguard it.⁵

Defenses a Tenant Can Raise

Georgia law allows a tenant to raise any legal or equitable defense or counterclaim in the answer.³ A few show up repeatedly:

Defective notice. The landlord failed to give a proper three-business-day notice, didn’t deliver it correctly, or didn’t list the full amount owed. This is probably the most common defense that succeeds, because landlords often cut corners on the notice.
Tender of payment. The tenant offered full payment of all past-due amounts plus court costs within seven days of service and the landlord refused.
Failure to make repairs. The tenant can bring counterclaims for damages caused by the landlord’s failure to keep the property habitable.
Retaliatory eviction. Under O.C.G.A. § 44-7-24, if the tenant complained in good faith about unsafe or uninhabitable conditions to the landlord, a government agency, or a code enforcement office, and the landlord filed for eviction within three months, the tenant can raise retaliation. If the court agrees, the eviction is dismissed and the tenant can recover one month’s rent plus $500 in civil penalties.

A landlord can rebut a retaliation claim by showing the eviction was filed for a legitimate reason unrelated to the complaint, such as actual nonpayment or a lease violation unconnected to the condition of the property.

Public Housing and Project-Based Rental Assistance

Tenants in public housing or in properties receiving Project-Based Rental Assistance are on a different timeline. Federal regulations require the housing authority to give at least 30 days’ written notice before filing an eviction for nonpayment, and the tenant must be allowed to pay the alleged amount owed during that period. If the tenant pays within the 30 days, the authority cannot file.⁶ The federal 30-day requirement runs on top of Georgia’s three-business-day notice. Georgia’s statute lets a public housing authority combine both notices in a single document as long as the demand for possession is in a separate written section.¹

Lockouts and Utility Shutoffs Are Illegal

Georgia does not allow a landlord to force a tenant out by self-help. Changing the locks, shutting off utilities, or otherwise interfering with the tenant’s use of the property can expose the landlord to liability for wrongful eviction and trespass, including damages the tenant suffered. The court process described above is the only lawful way to remove a tenant who will not leave.