How to Post a 3-Day Notice in Georgia to Start an Eviction (With Example)
The 3-day demand for possession is the single most common reason a Georgia eviction gets thrown out. Here's the law that requires it, how to post it correctly, and a notice you can copy and edit today.

Before a Georgia landlord can file a dispossessory (eviction) action, the law requires a clear demand for possession of the property. Most landlords — and most magistrate-court judges — refer to this as the 3-day notice. Skip it, post it sloppily, or fail to prove it was served, and the case can be dismissed even when the tenant clearly owes rent.
The law: OCGA § 44-7-50 (demand for possession)
Georgia's eviction statute, OCGA § 44-7-50, requires the landlord (or an authorized agent) to demand possession of the premises before filing a dispossessory affidavit. If the tenant refuses or fails to deliver possession, the landlord may then file in magistrate court.
The statute itself does not write the words "three days," but Georgia courts have long treated three business days as the practical, judge-accepted waiting period between demand and filing. As of January 2025, judges across most Georgia counties — including those serving the metro Atlanta co-living market — expect to see:
- A written demand for possession,
- Posted or delivered to the tenant, and
- Proof that it was served (a photo of the posted notice is the gold standard).
This article is general information, not legal advice. Local rules vary by county — confirm with the attorney handling your filing.
How to post a 3-day notice — step by step
- Confirm the tenant is in default. Pull the ledger, confirm the unpaid balance and the date rent was due, or document the lease violation. The reason on the notice must match what you'll put in the dispossessory affidavit.
- Draft the demand. Use the example below as a starting point. Keep it short, dated, and signed.
- Serve it. Hand it directly to the tenant if you can. If not, leave a copy with an adult occupant. If no one answers, post it conspicuously on the main entry door — this is the step most landlords rely on.
- Photograph proof of service. Take a clear photo of the notice on the door with the property address visible. Make sure your phone records the date and time. Keep the original signed copy.
- Wait 3 business days. Give the tenant the full waiting period to cure (pay or vacate). Do not accept partial rent during this window unless you intend to start over — accepting rent can waive the right to evict on that demand.
- File the dispossessory. If the tenant has not paid or moved out, file the dispossessory affidavit in the magistrate court for the county where the property is located, and attach the notice and proof of service.
Example 3-day notice to vacate
Copy the block below into a document, fill in the bracketed fields, and sign before posting.
THREE (3) DAY NOTICE TO PAY OR VACATE
(Demand for Possession — O.C.G.A. § 44-7-50)
Date: [MM/DD/YYYY]
To: [Tenant Full Name(s)]
[Property Street Address]
[Unit / Room Number, if any]
[City], GA [ZIP]
You are hereby notified that you are in default under the
terms of your lease/rental agreement for the above-referenced
premises for the following reason:
Non-payment of rent in the amount of $[Amount Owed],
covering the period of [Start Date] through [End Date],
together with any late fees permitted by the lease.
Demand is hereby made for IMMEDIATE POSSESSION of the
premises. You have THREE (3) BUSINESS DAYS from the date
this notice is served upon you to either:
(1) pay the full amount owed in certified funds, or
(2) vacate and surrender possession of the premises.
If you fail to pay or vacate within that time, a
dispossessory (eviction) action will be filed against you in
the Magistrate Court of [County] County, Georgia, without
further notice. You may be held liable for all rent, late
fees, court costs, attorney's fees, and damages permitted by
law.
This notice is served pursuant to O.C.G.A. § 44-7-50 et seq.
Acceptance of any partial payment is not a waiver of this
demand for possession.
Landlord / Authorized Agent:
Name: [Your Name]
Company: [LLC / Property Manager Name]
Phone: [Phone Number]
Email: [Email Address]
Signature: ______________________________
PROOF OF SERVICE
On [Date] at [Time], the undersigned served this notice by:
[ ] Personal delivery to the tenant
[ ] Delivery to an adult occupant at the premises
[ ] Posting conspicuously on the main entry door
(photo attached)
Served by: ______________________________Common mistakes that get a case thrown out
No proof of service. Without a dated photo of the posted notice or a sworn statement from the server, the judge has no way to confirm the demand was made.
Filing too early. Filing the dispossessory the same day the notice is posted is the single fastest way to lose. Wait the full 3 business days.
Accepting rent after the demand. Taking any partial payment after the notice is posted can waive the demand and force you to start over.
Mismatched amounts. If the balance on the notice doesn't match the ledger filed with the court, expect the case to be reset or dismissed.
After the writ: set-out labor
Reliable Property Experts doesn't file evictions — we handle the physical set-out labor once the writ of possession has been issued and the sheriff schedules the set-out. Need a filer? Email support@reliablepropertyexperts.com and we'll refer you to a Georgia partner.
Set-out labor at a glance
- 1-hour packages: 3 Man Crew $445, 4 Man Crew $520, 5 Man Crew $595, 6 Man Crew $670, 8 Man Crew $820, 10 Man Crew $970.
- 2-hour packages: 3 Man Crew $595, 4 Man Crew $695, 5 Man Crew $795, 6 Man Crew $895, 8 Man Crew $1,095, 10 Man Crew $1,295.
- Time beyond the selected 1-hour or 2-hour package is billed at $75 per crew member per 30-minute increment.
- Sheriff-supervised with proof-of-service photos delivered same day
- Cancellations 72+ hrs before the scheduled set-out receive a 100% refund; 72–24 hrs before, a $150 non-refundable fee applies; under 24 hrs, no refunds
- Same-day quotes for metro Atlanta jobs
Reliable Property Experts handles set-out labor, not filings. Need a filer? Email support@reliablepropertyexperts.com for a Georgia partner referral.
Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Eviction laws and local court rules vary by county and change over time. Consult a licensed Georgia attorney before posting a notice or filing a dispossessory action.