Serving The Three-Day Notice In Georgia

Serving The Three-Day Notice In Georgia

The process of preparing, serving, and acting on a Three-Day Notice is more intricate than many property managers may realize. In Georgia, a correct Three-Day Notice is vital, as any error can lead to the court lacking jurisdiction to proceed with an eviction action. This could result in the case being dismissed, requiring the property manager to start over. If the resident has legal representation, the attorney may seek dismissal and request attorney’s fees and costs due to an incorrect notice. This article focuses on the aspect of how the Three-Day Notice is served by the property manager in Georgia.

THE LAW VERSUS THE LEASE

Georgia law allows a notice to be served by posting on the premises, hand-delivery to the resident or occupant, or by mail. However, some leases may stipulate a specific type of delivery, such as mailing. If the lease requires mailing, you MUST follow that method, even if Georgia law permits other methods. Clauses like these may be hidden within the lease, so careful review is essential. If you are preparing a lease, it is best not to mention how the notice should be given, as Georgia law is clear on this matter.

SERVICE BY POSTING ON THE PREMISES

If the resident is absent, Georgia law allows the property manager to serve the notice by posting on the premises. This typically means attaching the notice to the door most commonly used by the resident. It should be folded or placed in an unmarked envelope and securely taped to the door. This method requires that the resident must be absent, and you must make a genuine attempt to notify them by knocking or ringing the doorbell.

SERVICE BY PLACING INSIDE THE DOOR

This method is not recommended, as it may lead to accusations of theft or unnecessary conflict with the resident.

SERVICE BY HAND-DELIVERY TO SOMEONE OTHER THAN THE RESIDENT

If someone other than the resident answers the door, and the resident is not home, you may serve the notice to an occupant who is 15 years of age or older. If unsure about the age, it’s best to hand-deliver and also tape the notice to the door.

SERVICE BY HAND DELIVERY TO THE RESIDENT

This is the preferred method and is required if the resident is present. There is no need for the resident to sign the notice. If the resident is volatile or the situation could be dangerous, consider using a process server.

SERVICE BY MAIL

This is the least preferred method and should only be used if the lease specifically requires it. Mailing can lead to delays and complications, especially if certified mail is refused or unclaimed.

THE ORIGINAL OR THE COPY?

Keep the original notice and serve the resident a copy. Fill out the certificate of service on the original and keep it in your file.

THE CERTIFICATE OF SERVICE

This section, usually found at the bottom of the Three-Day Notice, should be filled out on the original notice that you retain. It records how the notice was served, so the judge will know the details of the service.

CONCLUSION

Serving the Three-Day Notice correctly is a critical step in the eviction process in Georgia. Properly serving an incorrect notice is as problematic as improperly serving a correct notice. Before attempting to serve a Three-Day Notice, you must understand how to prepare the notice and what you can demand from the resident. The laws and regulations in Georgia must be followed precisely to ensure a smooth and legal eviction process. If in doubt, consult with a legal professional who specializes in Georgia property law to avoid potential pitfalls and legal complications.