Understanding Pre-Suit Notice Requirements for Lease Violations in Georgia

Understanding Pre-Suit Notice Requirements for Lease Violations in Georgia

Nemat Law Firm

April 17, 2024

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When a tenant is in violation of the lease agreement in Georgia, there are specific pre-suit notice requirements that landlords must adhere to before initiating eviction proceedings. Here’s what you need to know:

Communication and Opportunity to Cure: Before filing for eviction or dispossessory proceedings, Georgia landlords are generally required to communicate with the tenant regarding the lease violation. This includes notifying the tenant of the specific default clause being violated and providing them with an opportunity to cure the violation within a specified timeframe as the rental agreement provides.
Reviewing the Lease Agreement: Both landlords and tenants should carefully review the lease agreement, paying close attention to the default policy and the tenant’s ability to cure violations. Understanding these provisions is crucial for ensuring compliance with pre-suit notice requirements.
Establishing a New Course of Dealing: Landlords must be cautious about inadvertently waiving their rights to enforce lease terms by failing to hold tenants accountable for violations. Consistently allowing violations without taking action may establish a new course of dealing, complicating eviction efforts.
Consulting with Legal Counsel: Given the complexities of landlord-tenant law and the potential implications of lease violations, it’s advisable for both parties to seek guidance from an attorney. Legal counsel can provide invaluable advice and representation in navigating pre-suit notice requirements and eviction procedures.

It’s important to note that the information provided here is for educational purposes only and should not be construed as legal advice. Landlords and tenants facing lease violations should consult with an attorney to discuss their specific situation and determine the best course of action.

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