Atlanta Georgia Notice of Default in Payment of Rent as Warning Prior to Demand to Pay or Terminate for Nonresidential or Commercial Property

State:
Georgia
City:
Atlanta
Control #:
GA-1301LT
Format:
Word; 
Rich Text
Instant download

Description

This Notice of Default in Payment of Rent as Warning Prior to Demand to Pay or Terminate for Non-Residential or Commercial Property form is for use by a Landlord to inform Tenant of Tenant's default in the payment of rent as a warning prior to a pay or terminate notice. The form advises the Tenant of the due date of rent and the consequences of late payment. This form may be used where you desire to remind the Tenant of payment terms, the default, demand payment and inform the Tenant that under the laws of this state or lease, the Landlord may terminate if rent is not paid timely.

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FAQ

Landlords cannot evict a tenant without receiving a court order. It is illegal for a landlord to try to evict a tenant through any other means, such as shutting off utilities (see OCGA § 44-7-14.1) or changing the locks at the rental unit. Such actions are called self-help evictions.

Georgia law does not require an eviction notice to be written. A landlord could orally tell a tenant that he/she will begin eviction proceedings against the tenant for not paying rent, unless the tenant moves out of the rental unit or pays the late rent. However, it is best practice to put the notice in writing.

The Constitution provides that no person's property may be taken away from him/her and that no person may be evicted from his/her home without a court order. This means that an owner or a person in charge of a property (?landlord?), must apply to court before evicting a person (?tenant?) from his/her property.

It depends on the availability of the court officials and how fast they can respond once the Writ of Possession is released. Tenants have 7 days to vacate the property. On average, it would take anywhere between 14 days to 80 days for a complete eviction process.

Georgia law says that a landlord cannot make a tenant make or pay for repairs, unless that tenant, his/her family or guests caused the damage. For serious repair problems, local housing code departments can inspect for possible violations.

Sixty days' notice from the landlord or 30 days' notice from the tenant is necessary to terminate a tenancy at will. (Orig. Code 1863, § 2272; Code 1868, § 2265; Code 1873, § 2291; Code 1882, § 2291; Civil Code 1895, § 3133; Civil Code 1910, § 3709; Code 1933, § 61-105; Ga.

Early Termination: The landlord and tenant may only end a written lease according to its terms. If you terminate the lease or abandon the property in a way the lease does not allow, you may owe the landlord money: Early Termination Fees. A lease may require the tenant to pay certain fees for ending the lease early.

There is no Georgia law regarding landlords entering a rental property without permission. However, tenants have the right to enjoy their rental property. In Georgia, tenants should refer to their lease about whether or not a landlord can enter without permission.

You can sue your landlord when: Your landlord discriminates against you. Your landlord takes your security deposit illegally. Your rental unit is inhabitable. The property owner interferes with your right to quiet enjoyment. Your landlord fails to make the necessary repairs.

It is illegal for your landlord to evict you without a court order. If there is no court order, you cannot be evicted even if you have not paid your rent. If they do not file a court action your landlord cannot: change the locks, force you to move, or shut off utilities.

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Atlanta Georgia Notice of Default in Payment of Rent as Warning Prior to Demand to Pay or Terminate for Nonresidential or Commercial Property