HB1389: HB1389 Property; dispossessory proceedings; extend a notice to vacate or pay to seven days

Under current Georgia law (O.C.G.A. § 44-7-50), a landlord who wants to evict a tenant for unpaid rent, late fees, utilities, or other charges must first give the tenant a notice to vacate or pay, and the tenant has three business days to pay up or leave before the landlord can file an eviction affidavit in court. This bill would change that window from three business days to seven business days. It amends subsections (c) and (d) of the dispossessory proceedings law so that the notice period tenants get to either pay what they owe or move out is longer before a landlord can go to a judge, clerk, or magistrate to start the legal eviction process. The notice would still have to be posted in a sealed envelope on the door and delivered by any other method agreed to in the lease. The bill also repeals any conflicting laws.

• Extends the notice-to-vacate-or-pay period in Georgia's dispossessory (eviction) law from three business days to seven business days.
• Applies the longer notice period whenever a tenant fails to pay rent, late fees, utilities, or other charges owed to the landlord.
• Keeps the requirement that the notice be posted in a sealed envelope on the door of the rental property and delivered by any method agreed to in the lease.
• Repeals any existing laws that conflict with the new seven-day notice requirement.

Tenants who fall behind on rent, late fees, utilities, or other charges owed under a lease, and landlords or their agents, attorneys, or attorneys in fact who use Georgia's dispossessory process to seek eviction.

Tenants facing nonpayment would get more time, four extra business days, to come up with overdue rent or arrange to move before a landlord can go to court to start eviction. Landlords would have to wait longer after issuing notice before filing an eviction affidavit.

• Section 1 amends O.C.G.A. § 44-7-50(c), changing the notice-to-vacate-or-pay period from three business days to seven business days before a landlord can file an eviction affidavit with a court.
• Section 1 also amends subsection (d), updating references so the notice period described for posting and delivery matches the new seven-day timeframe.
• Section 2 repeals all laws and parts of laws that conflict with the changes made by the bill.

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)

• evictions
• landlord tenant law
• dispossessory proceedings
• rental housing
• housing law