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[GA] Can I use a 3-day notice to evict a room tenant for repeated lease violations?

Ray
Ray

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Based on your situation, there are several legal considerations in Georgia that could potentially support your case:

  • Lease violations: In Georgia, a lease agreement is a binding contract. Violations such as unauthorized guests, smoking, or keeping pets when prohibited can be grounds for eviction.

  • Notice requirements: A 3-day notice to quit is commonly used. Georgia law does not require a specific number of days for nonpayment before filing dispossessory, and for other lease violations, many landlords use a 3-day demand for possession unless the lease specifies otherwise.

  • Documentation: Text messages and prior warnings strengthen your position.

  • Tenant rights: The tenant can contest the eviction, so procedure matters.

Here are the practical steps:

1. Review the lease to confirm guest, smoking, and pet restrictions.

2. Keep all documentation of violations.

3. Serve a proper written demand for possession (3-day notice is commonly used in Georgia).

4. If she does not vacate, you would then file a dispossessory action in magistrate court

She does not need to sign the notice for it to be valid in Georgia.

What matters is that you properly serve the notice. In Georgia, the law requires a demand for possession before filing dispossessory, but it does not require the tenant’s signature.

For best protection:

  • Deliver it personally to her or

  • Post it on the door (GA Code § 44-7-50 (d)), and ideally take a photo for proof

Since this is a room rental and you already gave prior warnings in December, serving a 3-day demand for possession based on lease violations is commonly done in Georgia.

If she does not leave after the 3 days, your next step would be filing a dispossessory action in magistrate court.

You handled this correctly by documenting everything.

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Georgia Non-Compliance Eviction Notice

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I have a tenant that rents out a room and is only allowed to have a guest if it has been approved. She has had someone there almost every week. I am giving her a 3 day notice as I have already given her notice about guests, along with smoking and having pets. Is that going to be a problem for a 3 day quit notice in the state of Georgia?

Lexi

Lexi, Chatbot

I understand how challenging it can be to manage tenant agreements and violations. Have you documented the previous notices you’ve given to your tenant regarding guests, smoking, and pets?

Yes. I have via text and verbal notice.

Lexi

Lexi, Chatbot

Is this tenant on a month-to-month lease or a fixed-term lease?

She was on a 3 month lease, but I told her she had violated the lease with the smoking, the pet, and continuous guests.

I will serve the notice that she needs to move in 3 days. Thank you. But does she need to sign the notice? No, right?

Ray

Ray

Hey there! I'm Ray, an attorney with many years of experience. Just so you are aware, no attorney-client relationship is formed from our conversation, as this interaction provides general information.

I understand you're dealing with a tenant who has violated lease terms in Georgia by having guests without approval.

Ray

Ray

Based on your situation, there are several legal considerations in Georgia that could potentially support your case:

  • Lease violations: In Georgia, a lease agreement is a binding contract. Violations such as unauthorized guests, smoking, or keeping pets when prohibited can be grounds for eviction.

  • Notice requirements: A 3-day notice to quit is commonly used. Georgia law does not require a specific number of days for nonpayment before filing dispossessory, and for other lease violations, many landlords use a 3-day demand for possession unless the lease specifies otherwise.

  • Documentation: Text messages and prior warnings strengthen your position.

  • Tenant rights: The tenant can contest the eviction, so procedure matters.

Here are the practical steps:

1. Review the lease to confirm guest, smoking, and pet restrictions.

2. Keep all documentation of violations.

3. Serve a proper written demand for possession (3-day notice is commonly used in Georgia).

4. If she does not vacate, you would then file a dispossessory action in magistrate court

She does not need to sign the notice for it to be valid in Georgia.

What matters is that you properly serve the notice. In Georgia, the law requires a demand for possession before filing dispossessory, but it does not require the tenant’s signature.

For best protection:

  • Deliver it personally to her or

  • Post it on the door (GA Code § 44-7-50 (d)), and ideally take a photo for proof

Since this is a room rental and you already gave prior warnings in December, serving a 3-day demand for possession based on lease violations is commonly done in Georgia.

If she does not leave after the 3 days, your next step would be filing a dispossessory action in magistrate court.

You handled this correctly by documenting everything.

Ray

Ray

65,512 satisfied customers

Ray
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