Georgia Pay or Quit Notice: Delivery, Cure Rights, and Deadlines

A Georgia pay-or-quit notice is a written demand telling a tenant to pay everything owed under the lease or move out, and since July 1, 2024, state law requires landlords to give at least three business days before filing for eviction. The rule sits in O.C.G.A. § 44-7-50(c) and applies to residential leases entered into or renewed on or after that date.¹ Get the notice wrong and the whole eviction can unravel weeks later in magistrate court.

The Three Business Day Rule

Before 2024, Georgia had no statutory minimum notice for nonpayment. A landlord simply had to demand possession, and if the tenant refused, the landlord could go straight to court. The legislature changed that by adding subsection (c), which now requires a written notice giving the tenant three business days to pay everything owed or vacate.¹

Business days exclude weekends and legal holidays. Deliver the notice on a Wednesday and the tenant’s deadline lands the following Monday if no holiday falls in between. The clock starts the day after delivery. Only when the three-day window expires without payment or surrender of the property can the landlord file a dispossessory affidavit.

The demand covers all past-due rent, late fees, utilities, and any other charges the tenant owes under the lease.¹ If the lease itself sets a longer notice period, the lease controls. The statute is a floor, not a ceiling.

What the Notice Should Say

The statute requires a written demand for possession and payment but does not prescribe a format or list every element the notice must contain. The practical details come from what magistrate courts expect to see when the case moves forward. Treat the notice as a bare-minimum formality and you invite challenges later.

Names of every adult tenant on the lease. Addressing the notice to one tenant when two signed the lease creates service problems in court.
The full property address, including apartment or unit number on a multi-unit property.
The exact amount owed, broken out by category: past-due rent, late fees, utility charges, and other amounts. Rounding or estimating invites disputes.
A clear deadline, calculated as three business days from the day after delivery, or longer if the lease requires it.
A plain statement that the landlord will pursue eviction in court if the tenant neither pays nor moves out by the deadline.

Georgia does not cap late fees for residential leases by statute, so the lease’s late-fee provision controls. Make sure the amount demanded matches what the lease actually allows. An inflated demand gives the tenant a defense.

How to Deliver the Notice

Georgia law does not specify a required delivery method for the demand for possession. The statute simply says the owner “may demand the possession” without dictating the mechanics.¹ That is separate from the court summons stage, which does have strict service rules.

Even without a prescribed method, the landlord has to prove the tenant received the notice if the case reaches court. Handing it directly to the tenant at the property is the cleanest option. If the tenant cannot be found, posting a copy on the front door and mailing a second copy by first-class mail on the same day is a widely accepted alternative. Document everything: the time, date, and method of delivery. A photograph of the posted notice with a visible timestamp is cheap insurance.

The three-day clock does not start until the tenant receives, or is deemed to have received, the demand. If you rely on mail alone, add a few extra days for delivery rather than counting from the day you dropped it in the mailbox.

What Happens After the Notice Expires

Once the three business days pass without payment or surrender, the landlord can file a dispossessory action in the magistrate court for the county where the property sits. This is the formal eviction lawsuit. The landlord files a sworn affidavit stating the grounds for eviction and confirming that a demand for possession was already made.¹ Bring a copy of the original notice, the lease, and any evidence of delivery when you visit the clerk’s office.

After the sheriff serves the summons, the tenant has seven days to respond, either orally or in writing.² If the seventh day falls on a weekend or legal holiday, the deadline moves to the next business day. If the tenant does not respond, the landlord can request a default judgment starting on the eighth day.

The Tenant’s One-Time Right to Cure

Even after the pay-or-quit deadline has passed and the case is filed, a Georgia tenant can still stop a nonpayment eviction cold by paying all rent owed plus the cost of the dispossessory warrant within seven days of being served with the summons.³ That tender operates as a complete defense, and the tenant stays.

The landlord only has to accept this once per tenant in any twelve-month period. A tenant who falls behind a second time within that window cannot use the same remedy again.³

If a tenant offers the full amount within the seven-day window and the landlord refuses it, the court can order the tenant to pay all rent owed plus warrant costs within three days. Failure to pay within that three-day window results in a writ of possession. A court-ordered payment after a refused tender does not count against the once-per-year limit, so the tenant does not lose the cure right because the landlord refused to cooperate.³

What Landlords Cannot Do During the Notice Period

Georgia prohibits self-help evictions. A landlord who wants a tenant out has to go through the court process, even if the tenant has clearly violated the lease. Changing the locks, removing doors or windows, and physically blocking access to the unit are all off the table while the pay-or-quit period runs and the case moves forward.

The statute specifically makes it illegal for a landlord to shut off cooling, heat, light, or water to a tenant before the final disposition of the dispossessory proceeding. A landlord convicted of cutting utilities faces a fine of up to $500.⁴ Beyond the fine, a tenant who wins a dispossessory case because of the landlord’s wrongful conduct can recover all foreseeable damages caused by that conduct.⁵

Active-Duty Military Tenants

The federal Servicemembers Civil Relief Act adds protection when the tenant is on active military duty. A landlord cannot evict a servicemember or their dependents from a primary residence without first obtaining a court order, regardless of what the lease says.⁶ The protection applies when the monthly rent falls below a federally set threshold that adjusts annually for inflation. As of 2024 that ceiling was $9,812.12 per month, which covers virtually every residential rental in Georgia.⁷

If a servicemember requests a stay of the eviction proceedings, the court must grant at least a 90-day delay when the servicemember provides documentation that military duties prevent them from appearing and that leave is not authorized. The court can grant additional stays on further application. A nonpayment eviction against an active-duty tenant will take significantly longer than the standard timeline, and the court has discretion to restructure lease obligations to balance both parties’ interests.

1
Justia. Georgia Code 44-7-50 – Demand for Possession; Procedure Upon a Tenant’s Refusal; Notice to Vacate or Pay
2
Justia. Georgia Code 44-7-51 – Issuance of Summons; Service; Time for Answer; Defenses and Counterclaims
3
Justia. Georgia Code 44-7-52 – When Tender of Payment by Tenant Serves as Complete Defense
4
Justia. Georgia Code 44-7-14.1 – Landlord’s Duties as to Utilities
5
Justia. Georgia Code 44-7-55 – Judgment; Writ of Possession
6
United States Courts. Servicemembers’ Civil Relief Act (SCRA)
7
Federal Register. Publication of Housing Price Inflation Adjustment