Georgia landlords often ask about "3-day notices" and "10-day notices" — terms borrowed from other states that don't map cleanly onto Georgia's dispossessory statute. Understanding what Georgia actually requires (and what it doesn't) will save you from serving the wrong notice and delaying your case.
Georgia Does Not Have a Mandatory Notice Period
Here's the key fact: Georgia's dispossessory statute does not specify a 3-day, 10-day, or any other mandatory waiting period between serving the demand for possession and filing the dispossessory affidavit with the Magistrate Court.
Under O.C.G.A. § 44-7-50, a landlord must make a demand for possession before filing — but the statute does not require the landlord to wait a specific number of days after that demand before proceeding to court.
This is different from states like Florida (3-day notice), California (3-day notice for nonpayment), or North Carolina (10-day notice), where the waiting period is statutory and strictly enforced.
So Where Do "3-Day" and "10-Day" Come From?
Lease agreements — Many Georgia leases include a notice provision requiring the landlord to give the tenant 3, 5, or 10 days' notice before filing. If your lease has this language, you are contractually bound to honor it even if Georgia law doesn't require it.
Federal programs — Properties subject to HUD, Section 8, or other federal housing programs often have their own notice requirements that exceed state minimums. If your property participates in a federal program, check those requirements before serving notice.
Tenant at will (month-to-month) — For a tenancy at will (month-to-month), Georgia law requires 60 days' written notice to terminate the tenancy before you can proceed with a dispossessory. This is the one scenario where Georgia does impose a specific notice period.
Notice Requirements by Eviction Ground
| Grounds | Georgia Statutory Notice | Common Lease Provision | |---|---|---| | Nonpayment of rent | Demand for possession (no waiting period) | Often 3–5 days | | Holding over (lease expired) | Demand for possession (no waiting period) | Often 3–10 days | | Lease violation | Demand for possession (no waiting period) | Often 10–30 days | | Tenancy at will (month-to-month) | 60 days' written notice to terminate | Per lease |
What Your Lease Says Matters
Before serving any notice, read your lease. If it requires a specific notice period, you must follow it — even if Georgia law doesn't require it. Serving a 3-day notice when your lease requires 10 days gives the tenant grounds to contest the eviction on procedural grounds.
If your lease is silent on notice periods, Georgia's statutory minimum applies: serve the demand for possession and you can file immediately (though waiting 24–48 hours is standard practice).
The Demand for Possession Is Still Required
Regardless of notice period, you must serve a written Demand for Possession before filing. This notice must:
- Be in writing
- Clearly state the grounds (nonpayment, holdover, lease violation)
- Demand that the tenant pay or vacate
- Be properly served (personal delivery, leaving with a resident, or tack-and-mail)
Practical Guidance
For most nonpayment cases in Georgia, the process looks like this:
- Rent is due and unpaid
- Landlord serves written demand for possession
- Landlord waits 24–48 hours (or the lease-required period)
- Tenant does not pay or vacate
- Landlord files dispossessory affidavit with the Magistrate Court
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