In Georgia, if a landlord wishes to evict a tenant because of failure to pay rent, the landlord is required to file a dispossessory action with the court.  However, prior to filing the dispossessory action, the law requires the landlord to take certain steps.  One requirement is that the landlord must “demand possession” of the premises prior to filing a dispossessory proceeding with the court.  See O.C.G.A. § 44-7-50.  While the demand may be made orally, and there are no “magic” words required by law, it is generally good practice to make the demand in writing so that subsequently the landlord can easily prove to the court that proper demand was made.  Additionally, if the landlord’s lease provides for the payment of attorney’s fees by the tenant in the event the landlord is forced to resort to the court system, the law provides for special notice requirements that must be followed in order for a court to award attorney’s fees.  See O.C.G.A. § 13-1-11.  Finally, the landlord should pay close attention to the terms of the lease as its terms control and may dictate additional requirements with regard to notice.


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