Notice to vacate letter question..

6 Replies

So I am evicting some tenants.In Georgia I have to give "notice to vacate" letter then I can file dispossesory.

The sample letters I have found online give 30 day notice.

I don't want the tenant to have 30 days.I want them out immediately and with dispossesory will have them out by the third week this month. 30 days from tomorrow would be around September 5th.I want them out way before then.

Can you just put out in 10 days?? etc. The reason is non-payment of rent for August.

I think standard operating procedure in most states/counties is:

(1) 3-day notice to pay or quit, after which you would use
(2) 30-day eviction notice

This is most likely going to be dictated by state and local laws. In Wisconsin, the law requires that the tenant be served a 5-day notice that gives them a chance to pay up.

Each state can have different rules, and local governments can add a layer of requirements on top of that.

Joel, you've bought an apartment building and are doing multiple evictions. Surely you have a lawyer helping with this. If not, you really, really need to find one. This stuff varies widely from state to state. I could tell you how to do it here in CO, but that doesn't help you at all. I can tell you the default law in CO is 30 days notice to terminate a lease but that my lease says I can give 10 days notice and my lawyer has OK'ed that. But that doesn't help either.

I just looked up the rules for Georgia in Every Landlord's Legal Guide. For non-payment of rent it says "Landlord can demand the rent as soon as it is due and, if not paid, can file for eviction. Tenant then has 7 days to pay to avoid eviction." That is from GA code 44-7-50 and 52. There is probably some kind of pay or quit notice which you should serve and then you can immediately file for eviction (I think). Also, you could use an unconditional quit notice detailed in GA code 44-7-50 and 52. Of course, none of this is legal advice, I am not an attorney, you should consult your local laws and an attorney familiar with them.

If you are going to be doing a few evictions and really want these tenants out, I would suggest getting an attorney, they will be best able to make sure you get the tenants out in the fastest way possible, you can also see what they do to learn how to do it yourself in the future.

Thanks everyone.I have found these forms and I think they will do the trick.

I will use Georgia 3 day demand for possession.

http://www.ezlandlordforms.com/documents/eviction_notices/

Originally posted by Joel Owens:
Thanks everyone.I have found these forms and I think they will do the trick.

I will use Georgia 3 day demand for possession.

http://www.ezlandlordforms.com/documents/eviction_notices/

I used that site for my original lease (I have since written up my own custom document) They make it very easy to get the forms you need and the pricing is reasonable.

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