---
title: HB 1389. Property; dispossessory proceedings; extend a notice to vacate or pay to seven days
collection: bills
id: 2025-2026/hb1389
cite_as: HB 1389, 2025-2026 Regular Session (Ga.)
canonical_url: https://georgiacommons.org/bills/2025-2026/hb1389
md_url: https://georgiacommons.org/bills/2025-2026/hb1389.md
text_url: https://georgiacommons.org/bills/2025-2026/hb1389/text
source_url: https://www.legis.ga.gov/legislation/73426
date: 2026-02-24
status: introduced
corpus_version: bills-2026-09-13
license: Public record of the Georgia General Assembly, via LegiScan; see about.md
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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previous: https://georgiacommons.org/bills/2025-2026/hb1388.md
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omitted: votes and history
omitted_chars: 129
omitted_url: https://georgiacommons.org/bills/2025-2026/hb1389.md?full=1
bill_number: HB 1389
session: 2025-2026 Regular Session
session_slug: 2025-2026
chamber: House
bill_type: bill
status_date: 2026-02-19
last_action: House Second Readers
sponsors:
- Mary Ann Santos
- Billy Mitchell
- Carl Gilliard
- Spencer Frye
- Rhonda Burnough
- Eric Bell
text_version: Introduced
has_text: true
legiscan_url: https://legiscan.com/GA/bill/HB1389/2025
upstream_id: 2120628
summaries_model: claude-sonnet-5
topic_tags:
- eviction rules
- landlord-tenant law
- renters
- dispossessory proceedings
- housing law
---
# HB 1389. Property; dispossessory proceedings; extend a notice to vacate or pay to seven days
## Text
House Bill 1389
By: Representatives Santos of the 117th, Mitchell of the 88th, Gilliard of the 162nd, Frye of the
122nd, Burnough of the 77th, and others
A BILL TO BE ENTITLED
AN ACT
To amend Article 3 of Chapter 7 of Title 44 of the Official Code of Georgia Annotated,
relating to dispossessory proceedings, so as to extend a notice to vacate or pay to seven days;
to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 3 of Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to
dispossessory proceedings, is amended in Code Section 44-7-50, relating to demand for
possession, procedure upon a tenant's refusal, and notice to vacate or pay, by revising
subsections (c) and (d) as follows:
"(c) In all cases when a tenant fails to pay the rent, late fees, utilities, or other charges
owed to the landlord when it becomes due, if the tenant refuses to pay the amount due or
fails to deliver possession when so demanded after being provided with a notice to vacate
or pay all past due rent, late fees, utilities, and other charges owed to the landlord within
three seven business days, the owner or the agent, attorney at law, or attorney in fact of
such owner may immediately go before the judge of the superior court, the judge of the
state court, or the clerk or deputy clerk of either court, or the judge or the clerk or deputy
clerk of any other court with jurisdiction over the subject matter, or a magistrate in the
district where the land lies and make an affidavit under oath to the facts. Such affidavit
may likewise be made before a notary public.
(d) The demand for possession notice under subsection (a) of this Code section or the
three-day seven-day notice to vacate or pay under subsection (c) of this Code section shall
be posted in a sealed envelope conspicuously on the door of the property and delivered via
any additional method or methods agreed upon in the rental agreement."
SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.
## Summaries written by Georgia Commons
The following was written by claude-sonnet-5 from the text above and is not part of the bill. Quote the text, not the summary.
A Georgia House bill would give tenants seven business days, instead of three, to pay overdue rent or move out before a landlord can start eviction proceedings in court.
### Plain-language summary
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.
### What it does
- 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.
### Who it affects
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.
### Why it matters
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.
### Key provisions
- 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.
## Status
- Status: Introduced (2026-02-19)
- Last action: House Second Readers (2026-02-24)
- Sponsors: Mary Ann Santos, Billy Mitchell, Carl Gilliard, Spencer Frye, Rhonda Burnough, Eric Bell
- Official page: https://www.legis.ga.gov/legislation/73426
> The history, votes, and amendments (129 characters) are at https://georgiacommons.org/bills/2025-2026/hb1389.md?full=1