7 Day Notice to Pay Rent - Nonresidential
44-7-50. (a) In all cases
where a tenant holds possession of lands or tenements over and beyond the
term for which they were rented or leased to the tenant or fails to pay
the rent when it becomes due and in all cases where 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 the lands or tenements desires
possession of the lands or tenements, the owner may, individually or by
an agent, attorney in fact, or attorney at law, 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 the owner may 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. The affidavit may likewise be made before a notary public, subject
to the same requirements for judicial approval specified in Code Section
18-4-61, relating to garnishment affidavits.
(b) If issued by a public housing authority,
the demand for possession required by subsection (a) of this Code section
may be provided concurrently with the federally required notice of lease
termination in a separate writing.
44-7-51. (a) When the affidavit provided
for in Code Section 44-7-50 is made, the judge of the superior court, the
state court, or any other court with jurisdiction over the subject matter
or the judge, clerk, or deputy clerk of the magistrate court shall grant
and issue a summons to the sheriff or his deputy or to any lawful constable
of the county where the land is located. A copy of the summons and a copy
of the affidavit shall be personally served upon the defendant. If the
sheriff is unable to serve the defendant personally, service may be had
by delivering the summons and the affidavit to any person who is sui juris
residing on the premises or, if after reasonable effort no such person
is found residing on the premises, by posting a copy of the summons and
the affidavit on the door of the premises and, on the same day of such
posting, by enclosing, directing, stamping, and mailing by first-class
mail a copy of the summons and the affidavit to the defendant at his last
known address, if any, and making an entry of this action on the affidavit
filed in the case.
(b) The summons served on the defendant
pursuant to subsection (a) of this Code section shall command and require
the tenant to answer either orally or in writing within seven days from
the date of the actual service unless the seventh day is a Saturday, a
Sunday, or a legal holiday, in which case the answer may be made on the
next day which is not a Saturday, a Sunday, or a legal holiday. If the
answer is oral, the substance thereof shall be endorsed on the dispossessory
affidavit. The answer may contain any legal or equitable defense or counterclaim.
The landlord need not appear on the date of the tenant's response. The
last possible date to answer shall be stated on the summons.
44-7-52. In an action for nonpayment
of rent, the tenant shall be allowed to tender to the landlord, within
seven days of the day the tenant was served with the summons pursuant to
Code Section 44-7-51, all rents allegedly owed plus the cost of the dispossessory
warrant. Such a tender shall be a complete defense to the action; provided,
however, that a landlord is required to accept such a tender from any individual
tenant after the issuance of a dispossessory summons only once in any 12
month period.