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Map of Georgia eviction risk by county

Late Rent Notice Requirements in Georgia 2025

Grace period, late fee cap, and pay-or-quit notice rules

None Grace period before late fee / notice
3 days Pay-or-quit notice period
None / Lease Late fee cap
$1,039/mo Statewide median gross rent (ACS 2023)
Georgia Quick Rule: No statutory grace period. Landlord may demand possession immediately after nonpayment.

Georgia does not use a fixed-day "pay-or-quit" notice the way California or Texas does. The pre-eviction step here is the demand for possession under O.C.G.A. 44-7-50, and since the Safe at Home Act (HB 404) took effect July 1, 2024, that demand now carries a real cure window for most residential tenants. Get the demand and its timing right, because a defective demand is the single most common reason a Georgia dispossessory gets dismissed and you have to start over.

This page covers what you must serve before filing for nonpayment: when a demand is required, the new three-business-day pay-or-cure period, how the demand may be delivered, and the tenant's answer and tender rights once the case is in magistrate court.

The demand for possession is the trigger, not a formal notice

Every Georgia eviction (a "dispossessory") starts with a demand for possession under O.C.G.A. 44-7-50. Historically this demand could be oral or written, and outside the new residential cure rule there is no fixed statutory number of days you must wait between the demand and filing the dispossessory affidavit. Once rent is due and unpaid, you demand that the tenant either pay or surrender the unit; if the tenant refuses or fails to comply, you may proceed to court.

Because the traditional demand can be oral, landlords often stumble by never actually making a clear demand before filing. Make it unambiguous and documented. A written, dated demand that states the amount owed and gives the tenant a clear choice "pay or vacate" protects you if the tenant later claims no demand was ever made.

HB 404 added a three-business-day pay-or-cure period

The Safe at Home Act (HB 404), effective July 1, 2024, changed the demand for residential nonpayment cases. For rental agreements entered into or renewed on or after July 1, 2024, you must deliver a written notice to vacate or pay and give the tenant three business days to pay all amounts owed (rent, late fees, and utility charges) before you file a dispossessory. If the tenant pays the full balance within those three business days, you cannot proceed with the eviction on that ground.

Count business days, not calendar days, and do not file early. Filing the affidavit before the three-business-day window closes is the kind of procedural miss that gets the case thrown out. Keep proof of how and when you delivered the written notice.

How to deliver the demand and what it should say

Deliver the written notice in a way you can prove later. Best practice is to hand-deliver it and post it on the unit, and keep a dated copy. The notice should identify the property, name the tenant, state the total amount owed, spell out the three-business-day deadline to pay in full, and make clear that failure to pay or vacate will result in a dispossessory filing.

Itemize the balance. Because HB 404 lets the tenant cure by paying all amounts owed including late fees and utilities, an understated or vague demand can undercut your case. If your late fees or utility charges are not clearly authorized by the lease, do not roll questionable amounts into the demand, since a tenant who tenders the legitimately owed rent may defeat the action.

After you file: the 7-day answer and the tender defense

You file the dispossessory affidavit in the magistrate court of the county where the property is located. The tenant is served and then has seven days from the date of service to file an oral or written answer under O.C.G.A. 44-7-51. If the seventh day falls on a Saturday, Sunday, or legal holiday, the tenant may answer the next business day. If the tenant does not answer in time, you may seek a writ of possession by default.

Georgia also gives tenants a redemption right under O.C.G.A. 44-7-52: in a nonpayment case, the tenant may tender all rent owed plus the dispossessory costs within seven days of service, and a valid tender is a complete defense. Critically for landlords, you are required to accept that tender from an individual tenant only once in any 12-month period, so a repeat late-payer cannot use the tender defense over and over within the same year.

The federal CARES Act notice still applies to covered properties

The Georgia demand is not the only clock. The federal CARES Act (2020) requires a 30-day notice to vacate before filing for nonpayment on covered properties (those with a federally backed mortgage or participating in a federal housing program such as LIHTC, Section 8, or public housing). Courts have continued to enforce this requirement, and it is longer than Georgia's demand.

Before serving a short Georgia demand, confirm whether the property is CARES-covered. If it is, the 30-day federal notice controls, and serving only the state demand can get your case dismissed. When both apply, satisfy the longer federal notice first.

The Pay-or-Quit Notice Process in Georgia

Once rent is late and no grace period applies, the landlord must serve a formal 3-day pay-or-quit notice (O.C.G.A. § 44-7-50) before filing for eviction. This notice must state the total amount owed and give the tenant the option to either pay in full or vacate. If the tenant does neither, the landlord may file an unlawful detainer action in Georgia court.

Fill-In Notice Template, Georgia

NOTICE TO PAY RENT OR QUIT GEORGIA TO: [Tenant Full Name(s)] PROPERTY ADDRESS: [Street Address, City, GA ZIP] NOTICE IS HEREBY GIVEN that rent is past due for the following period: Rental Period: [Month and Year] Monthly Rent: $[RENT AMOUNT] Balance Due: $[TOTAL OWED] YOU HAVE 3 DAYS from the date this notice is served to either: (1) Pay the full balance of $[TOTAL OWED] to: [Landlord name and payment address or method] OR (2) Vacate and surrender possession of the premises. FAILURE to comply within 3 days will result in eviction proceedings being filed in Georgia court pursuant to O.C.G.A. § 44-7-50. Date Served: [Date] Landlord: [Printed Name] Signature: ___________________________ Phone: [Contact Number]

This overview reflects Georgia dispossessory law under O.C.G.A. 44-7-50, 44-7-51, and 44-7-52 and the Safe at Home Act (HB 404, effective July 1, 2024), alongside the federal CARES Act (2020) 30-day notice for covered properties. Georgia procedure is unforgiving on notice defects, and rules can change; verify the current statute and your local magistrate court's practices, and consult a Georgia landlord-tenant attorney before filing.

Frequently Asked Questions

Does Georgia require a written pay-or-quit notice before eviction?

For residential leases entered into or renewed on or after July 1, 2024, yes. The Safe at Home Act (HB 404) requires a written notice to vacate or pay giving the tenant three business days to pay all amounts owed before you can file a dispossessory. Outside that, the older O.C.G.A. 44-7-50 demand for possession could be oral or written with no fixed waiting period, but a documented written demand is always the safer practice.

How many days does a Georgia tenant get to pay before eviction?

Under HB 404, a covered residential tenant gets three business days after the written notice to pay the full balance (rent, late fees, and utilities). Business days exclude weekends and holidays, so do not file the dispossessory affidavit until that window has closed.

Can a Georgia tenant stop the eviction by paying after I file?

Yes, once. Under O.C.G.A. 44-7-52, a tenant in a nonpayment case may tender all rent owed plus the dispossessory costs within seven days of being served, and that tender is a complete defense. You are only required to accept it from the same tenant once in any 12-month period, so a repeat offender cannot rely on it again within the year.

How long does the tenant have to respond to the dispossessory?

Under O.C.G.A. 44-7-51, the tenant has seven days from the date of actual service to file an oral or written answer. If the seventh day is a Saturday, Sunday, or legal holiday, the answer may be filed the next business day. No timely answer allows you to seek a default writ of possession.

Where do I file the late-rent eviction in Georgia?

You file the dispossessory affidavit in the magistrate court (or other court with jurisdiction) of the county where the rental property is located. You cannot self-evict, change locks, or remove belongings; only the court can issue a writ of possession for the sheriff or marshal to execute.

Does the federal CARES Act notice apply in Georgia?

Yes, for covered properties. If the property has a federally backed mortgage or participates in a federal housing program, the CARES Act requires a 30-day notice to vacate before filing for nonpayment. That federal notice is longer than the Georgia demand and controls where it applies, so confirm coverage before serving a short state demand.

Related Guides for Georgia Landlords

← Georgia Eviction Risk Overview Georgia Eviction Notice Templates Georgia Security Deposit Limits Georgia Rent Increase Calculator Late Rent Rules, All States

Data sourced from Georgia published statutes (O.C.G.A. § 44-7-50), U.S. Census Bureau American Community Survey 2023 5-Year Estimates. Last updated August 28, 2026. This page is for informational purposes only and does not constitute legal advice. Consult a licensed attorney for your specific situation.