HB 1389: Property; dispossessory proceedings; extend a notice to vacate or pay to seven days

Under current Georgia law (O.C.G.A. § 44-7-50), when a tenant falls behind on rent, late fees, utilities, or other charges owed to a landlord, the landlord must give the tenant a written notice to pay what is owed or move out. That notice currently gives the tenant three business days to respond before the landlord can go to court and file an affidavit to begin a dispossessory (eviction) case. This bill would extend that notice period from three business days to seven business days. It also updates the related rule on how the notice must be delivered, requiring the seven-day notice (instead of the old three-day notice) to be posted in a sealed envelope on the property's door, along with any other delivery method the lease requires. The change applies to the notice given after a tenant refuses to pay or fails to hand over the property when demanded.

• Extends the notice period a landlord must give a tenant before filing for eviction from three business days to seven business days.
• Applies the extended notice to situations where a tenant has not paid rent, late fees, utilities, or other charges owed to the landlord.
• Updates the delivery rule so the seven-day notice, not the old three-day notice, must be posted in a sealed envelope on the property's door plus any lease-specified method.
• Repeals any other Georgia laws that conflict with the new seven-day notice requirement.

Renters across Georgia who fall behind on rent or other charges, and landlords and their agents or attorneys who manage evictions, since they must wait longer before filing a dispossessory affidavit in superior court, state court, or before a magistrate.

Tenants facing nonpayment would get four extra business days to come up with money owed or arrange to move before a landlord can start court eviction proceedings, potentially giving some renters more time to avoid a formal eviction filing on their record.

• Section 1 amends O.C.G.A. § 44-7-50(c) to change the notice-to-vacate-or-pay period from three business days to seven business days before a landlord can file an eviction affidavit.
• Section 1 also amends subsection (d) to require the new seven-day notice, rather than the old three-day notice, to be posted in a sealed envelope on the property's door and delivered by any additional method agreed to in the rental agreement.
• Section 2 repeals any conflicting Georgia laws.

1. 2026-02-24House Second Readers (House)
2. 2026-02-20House First Readers (House)
3. 2026-02-19House Hopper (House)

• Mary Ann Santos (D, HD-117)Primary sponsor
• Billy Mitchell (D, HD-088)
• Carl Gilliard (D, HD-162)
• Spencer Frye (D, HD-122)
• Rhonda Burnough (D, HD-077)
• Eric Bell (D, HD-075)

• eviction rules
• landlord-tenant law
• renters
• dispossessory proceedings
• housing law