Cal. Civ. Code § 44-7-50
[Effective until January 1, 2027] Demand for possession; procedure upon a tenant’s refusal; notice to vacate or pay.
Operative Text
(a) In all cases when a tenant holds possession of lands or tenements over and beyond the term for which they were rented or leased to such tenant and in all cases when lands or tenements are held and occupied by any tenant at will or sufferance, whether under contract of rent or not, when the owner of such lands or tenements desires possession of such lands or tenements, such owner may, individually or by an agent, attorney at law, or attorney in fact, demand the possession of the property so rented, leased, held, or occupied. If the tenant refuses or fails to deliver possession when so demanded, 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. (b) If issued by a public housing authority, the demand for possession required by subsection (a) or (c) of this Code section may be provided concurrently with the federally required notice of lease termination in a separate writing. (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 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 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.
O.C.G.A. § 44-7-50 establishes the process by which a property owner in Georgia may begin reclaiming possession of rented or occupied property. Under subsection (a), when a tenant remains past the lease term or occupies property as a tenant at will or sufferance, the owner may formally demand possession, and if the tenant refuses, the owner may file a sworn affidavit before a court or magistrate. Under subsection (c), when a tenant fails to pay rent, late fees, utilities, or other charges, the owner must first provide a written notice giving the tenant three business days to pay all amounts owed or vacate before proceeding to court. Subsection (d) specifies that required notices must be posted in a sealed envelope conspicuously on the property's door and delivered through any additional methods specified in the rental agreement.
Plain English — not legal advice.
Under O.C.G.A. § 44-7-50, compliant property owners and managers follow distinct procedures depending on the basis for seeking possession. For holdover or at-will tenancy situations under subsection (a), operators typically issue a formal demand for possession before proceeding to court. For nonpayment situations under subsection (c), operators generally provide a written three-business-day notice to vacate or pay all past-due rent, late fees, utilities, and other charges, and they ensure that notice is posted in a sealed envelope conspicuously on the property door and delivered via any additional methods outlined in the rental agreement, as required by subsection (d).
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
O.C.G.A. § 44-7-50 provides tenants with important procedural protections before an eviction action can proceed in Georgia. In nonpayment situations under subsection (c), a landlord is generally required to give a tenant at least three business days' written notice to pay all amounts owed or vacate before filing a court affidavit, and subsection (d) specifies how that notice must be delivered. Tenants who believe proper notice was not given or that the required procedures were not followed may raise that as a defense in court proceedings, and consulting a tenant-rights organization or legal aid provider can help clarify available options.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 28, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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