Before you can file a dispossessory in Georgia, you must first give the tenant written notice demanding they pay what's owed or vacate the property. This notice — called a Demand for Possession under Georgia law — is not optional. Skip it or serve it incorrectly, and your case can be dismissed before it ever reaches a judge.
What Is a Demand for Possession?
Georgia's dispossessory statute (O.C.G.A. § 44-7-50) requires that a landlord make a demand for possession before filing with the Magistrate Court. This written notice tells the tenant:
- That they are in violation of the lease (typically nonpayment of rent, holdover, or lease breach)
- That they must pay what is owed or vacate the premises
- That failure to comply will result in a dispossessory filing
What Must the Notice Include?
A properly drafted demand for possession should state:
- The property address — the specific unit or property subject to the demand
- The grounds — nonpayment of rent, holding over after lease expiration, lease violation, etc.
- The amount owed (if nonpayment) — the specific dollar amount of unpaid rent
- The demand — a clear statement that the tenant must pay or vacate
- The landlord's name and contact information
How to Serve the Notice
Georgia law allows several methods of service for the demand for possession:
Personal delivery — Hand the notice directly to the tenant. This is the most straightforward method and the hardest to dispute.
Leaving with a resident — Deliver the notice to any adult residing at the property. The recipient does not need to be the named tenant.
Tack and mail — Post the notice on the door of the premises and mail a copy to the tenant's address. This is the most commonly used method when the tenant is not available.
Important: Texting, emailing, or calling the tenant does not constitute proper service under Georgia law. These methods may supplement your notice, but they cannot replace proper physical service.
Is There a Mandatory Waiting Period?
Unlike many other states that require landlords to wait 3, 5, or 10 days after serving notice before filing, Georgia does not specify a mandatory waiting period in the dispossessory statute. Technically, you can file the dispossessory affidavit the same day you serve the demand.
In practice, most landlords wait at least 24–48 hours to give the tenant a reasonable opportunity to comply. If the tenant pays in full during this window (for a nonpayment case), the matter ends here.
Keep Proof of Service
Document how and when you served the notice. If the case goes to a hearing and the tenant claims they never received proper notice, your documentation is your defense. Keep:
- A copy of the written notice
- Notes on the date, time, and method of service
- If tack-and-mail: the mailing receipt or tracking confirmation
Common Mistakes
Serving the wrong address — The notice must be served at the rental property, not at a different address the tenant may have on file.
Serving by text or email only — These methods are not legally sufficient on their own.
Not keeping a copy — You need the notice and proof of service if the case is contested.
Accepting payment after serving notice — If the tenant pays in full after you serve the demand, the eviction grounds for that period are resolved. Accepting partial payment can complicate your right to proceed — consult with an eviction professional before accepting any money after serving notice.
What Happens Next
Once the demand has been served and the tenant has not complied, you can file the dispossessory affidavit with the Magistrate Court in the county where the property is located. W.D.S. Eviction Service handles demand drafting and service as part of the full eviction process — ensuring every notice is properly prepared and documented before the filing stage.
Call us at (404) 795-5069 to get started.
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