HB1389: HB1389 Property; dispossessory proceedings; extend a notice to vacate or pay to seven days
2025-2026 Regular Session · Introduced version · Last action February 24, 2026
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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 Cod e of Georgia Annotated,1
relating to dispossessory proceedings, so as to extend a notice to vacate or pay to seven days;2
to provide for related matters; to repeal conflicting laws; and for other purposes.3
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:4
SECTION 1.5
Article 3 of Chapter 7 of Title 44 of the Official Code of Geor gia Annotated, relating to6
dispossessory proceedings, is amended in Code Section 44-7-50, relating to demand for7
possession, procedure upon a tenant's refusal, and notice to va cate or pay, by revising8
subsections (c) and (d) as follows:9
"(c) In all cases when a tenant fails to pay the rent, late fee s, utilities, or other charges10
owed to the landlord when it becomes due, if the tenant refuses to pay the amount due or11
fails to deliver possession when so demanded after being provided with a notice to vacate12
or pay all past due rent, late fees, utilities, and other charges owed to the landlord within13
three seven business days, the owner or the agent, attorney at law, or att orney in fact of14
such owner may immediately go before the judge of the superior court, the judge of the15
state court, or the clerk or deputy clerk of either court, or the judge or the clerk or deputy16
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clerk of any other court with jurisdiction over the subject mat ter, or a magistrate in the17
district where the land lies and make an affidavit under oath t o the facts. Such affidavit18
may likewise be made before a notary public.19
(d) The demand for possession notice under subsection (a) of t his Code section or the20
three-day seven-day notice to vacate or pay under subsection (c) of this Code section shall21
be posted in a sealed envelope conspicuously on the door of the property and delivered via22
any additional method or methods agreed upon in the rental agreement."23
SECTION 2.24
All laws and parts of laws in conflict with this Act are repealed.25
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