Atlanta, GA asked in Landlord - Tenant for Georgia

Q: Does the landlord have to give you a pay or quit demand letter before filing eviction.

The first case was dismissed because of constructive eviction. Yet she has reduced my services.

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1 Lawyer Answer
Jonathan Avi Barash
Jonathan Avi Barash
  • Atlanta, GA
  • Licensed in Georgia

A: Generally a landlord is required to make a demand for possession (a/k/a a "notice to quit") before filing an eviction action. Such a demand or notice is not required to be made by letter or in writing, but that is generally the practice, and no specific amount of time to comply with the demand is required. (However, in situations where the tenancy or lease is not for a specific period of time, the tenant is considered a tenant at will, and the landlord is required to give 60 days advance notice to terminate such tenancy, although such advance notice is not required when there has been a failure to pay rent when due.)

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