Georgia Right to Cure: Can You Stop an Eviction by Paying the Rent You Owe?

Georgia does give tenants a limited statutory right to stop a nonpayment eviction by paying what they owe. Under Georgia's dispossessory (eviction) law, a tenant who is behind on rent can pay all the rent due plus the court costs of the eviction after being served with the case and remain in the home. This right is real, but it is narrow: it applies to nonpayment cases, it has a short deadline, and it can generally be used only once in any 12-month period. Confirm the exact deadline and amount with the court handling your case or the current Georgia statute (O.C.G.A. § 44-7-52) before you rely on it.

Georgia's eviction framework: demand for possession, then a court case

Georgia's process starts differently from the formal "pay or quit" notice used in some states. Under Georgia's dispossessory statute, a landlord generally must first make a demand for possession of the property — this can be done orally or in writing — before filing a dispossessory affidavit with the magistrate or civil court. This demand is not the same as a formal cure notice with a fixed statutory grace period attached to it, and Georgia law does not set out a single statewide number of days a tenant is guaranteed before a case can be filed.

Once the demand has been made and the tenant has not paid or moved out, the landlord can file the dispossessory affidavit in court. The court issues a summons and the tenant is served. From that point, the tenant has a short statutory window to file a written answer with the court, and a separate (also short) window to exercise the statutory right to cure by tendering payment. Because these deadlines are short and strictly enforced, confirm the exact number of days that applies to your case by checking the summons you were served, contacting the clerk of the court handling your case, or reviewing the current Georgia dispossessory statute directly — do not assume the deadline based on informal advice, and do not miss it.

Can you cure by paying before the case is filed?

Yes. Before a landlord files anything in court, paying what you owe in full will typically end the matter, because the landlord generally has no legal basis to file a dispossessory case if there is no unpaid rent or lease violation outstanding at the time of filing. This is the cleanest and simplest point at which to stop the process: pay before the landlord ever goes to the courthouse, and it does not use up your one statutory tender.

Can you cure after the case is filed?

Yes — this is where Georgia's statutory right to cure comes in. If you are served with a dispossessory case for nonpayment, Georgia law (O.C.G.A. § 44-7-52) allows you to remain in the home by tendering to the landlord all rent then due plus the costs of the dispossessory action within a short deadline after you are served. When you make a proper and timely tender of the full amount, the landlord is required to accept it, and you are entitled to continue in possession — the landlord cannot simply refuse the money and evict you anyway.

This statutory right has important limits, so understand them before relying on it:

• It generally can be used only once in a 12-month period. If you have already used a statutory tender within roughly the past year, you may not be entitled to use it again, and the landlord may be able to proceed. Confirm how this limit applies to your situation.
• The deadline is short and strictly enforced. The tender must be made within the statutory window after you are served. Confirm the exact number of days with the court or the current statute, and do not wait.
• You must tender the full amount, not a partial payment. That means all rent then due plus the court costs of the dispossessory action.
• It applies to nonpayment. This statutory cure right is about paying rent you owe; it does not create a guaranteed cure period for non-monetary lease violations.

Because of these limits, always confirm your exact deadline and the exact total amount required directly with the court clerk, the landlord's attorney (in writing), or the current Georgia statute before you send money. If you tender late, tender too little, or have already used your one tender in the period, you can still lose the case.

Separately, some Georgia courts encourage settlement at the first hearing, and it is common for tenants and landlords to reach an agreement in court — for example, a consent judgment that allows the tenant to stay if payment is made by a certain date. That kind of negotiated resolution is different from the statutory tender right and can be useful if your statutory tender is unavailable. Some Georgia courts also require a tenant who contests a dispossessory case to pay rent into the registry of the court while the case is pending; that requirement is about preserving your right to contest and is not the same as the statutory cure. Practices vary by county, so confirm the local rule with your court.

Is there a right to "redeem" after judgment?

Once the statutory tender window has passed and a Georgia court has entered a judgment for possession in a nonpayment case, your ability to stop the eviction by paying narrows dramatically. Georgia does not provide a broad statutory redemption period after judgment the way some states allow tenants to pay off a judgment within a set number of days to remain in the unit. Once a writ of possession issues, the practical opportunity to stop the eviction by paying may depend entirely on whether the landlord voluntarily agrees to accept payment and call off the sheriff's removal. Do not count on paying your way out after judgment — use the statutory tender or an in-court agreement earlier, and if you are already at the writ-of-possession stage, contact a lawyer or legal aid organization immediately.

What exactly must be paid to cure?

To use the statutory tender after a case is filed, you generally must pay all rent then due plus the court costs of the dispossessory action. Beyond that base requirement, what a landlord may demand to fully resolve the matter can also include:

• The unpaid rent itself
• Court costs and filing fees the landlord has already incurred
• Any late fees allowed under your written lease
• Attorney's fees, if your lease has a clause allowing the landlord to recover them and the landlord has hired an attorney

Because the precise total can depend on the stage of the case and your lease, always ask the landlord or their attorney, in writing, for the exact total amount needed — and confirm with the court clerk what a valid statutory tender must include — before you send money. Read your lease closely, since it defines fees and charges beyond the base rent.

Can the landlord refuse a payment, and how many times can you cure?

If you make a proper, timely, full statutory tender within your one-per-12-month right, the landlord is required to accept it and you are entitled to stay. Outside of that statutory right — for example, if you have already used your tender in the period, if you are past the deadline, or if you only offer partial payment — a landlord can generally refuse and continue the eviction. Because the statutory cure is limited to roughly once per 12-month period, repeated nonpayment can leave you without this protection. Any additional limits on repeated late payments come from your written lease, so read it: some leases treat repeated late payment as its own lease violation.

What about lease violations other than nonpayment?

The statutory tender right described above is about paying rent. For non-monetary lease violations (unauthorized occupants, unauthorized pets, property damage, noise complaints, and similar issues), Georgia's framework requires a demand for possession before filing, but there is no separate statutory "pay-and-stay" tender built into the eviction process for those. Whether you get a chance to fix the problem before the landlord files or before judgment depends on your lease terms and the landlord's willingness to work with you, not on the nonpayment tender statute. Some leases include their own cure clauses for specific violations — check your lease carefully, since a private contractual cure right can matter even where the state tender statute doesn't apply.

Practical steps if you're facing a nonpayment eviction in Georgia

• Pay before anything is filed, if you possibly can. This is the cleanest way to stop the process, and it does not use up your one statutory tender.
• If you're served, act immediately on the statutory tender. You may have the right to pay all rent due plus court costs and stay, but the deadline is short and it's generally available only once in a 12-month period. Confirm the exact deadline and amount with the court clerk or the current statute right away.
• Pay in a traceable way. Use a cashier's check, money order, or another method that creates a paper trail, and avoid cash. Keep a copy or photo of whatever you send.
• Always get a signed, dated receipt that states the amount received and what it covers (for example, "payment in full to resolve dispossessory case"). If the landlord's agent won't provide one, send payment with a cover letter stating what it's for and keep proof of delivery.
• Get everything in writing. If a landlord or their attorney states a specific dollar amount that will resolve the case, ask them to confirm it by text or email before you pay.
• Respond to the court case on time. The deadline to file a written answer is short and strictly enforced. Missing it can result in a default judgment even if you have the money. Confirm your exact deadline from the paperwork you were served or by calling the clerk of the court.
• Show up to every hearing, even if you've made a payment or reached an informal understanding. Only what is entered into the court record protects you.
• Ask about paying into the court registry if your case involves a dispute over the amount owed or conditions of the unit — some Georgia courts require this to preserve your right to contest, and the rules vary by county.
• Contact legal aid early — ideally as soon as you receive a demand for possession or are served, not after judgment. Many Georgia legal aid organizations handle dispossessory cases and offer same-week help because timelines move fast. If you have a disability, are a domestic violence survivor, are active duty military or a veteran, or have a habitability complaint (like no heat or a serious repair issue), tell the intake worker right away, since these facts can open additional defenses.

The bottom line

In Georgia, you have a real but limited right to "pay and stay": paying before the landlord files is the cleanest fix, and after you're served you can generally tender all rent due plus court costs to remain in the home — but that statutory right is time-limited and usually available only once in a 12-month period. After a judgment for possession is entered, your options narrow sharply. Because Georgia's dispossessory process moves on short, strictly enforced deadlines, treat every notice and summons as time-sensitive, confirm exact deadlines and dollar amounts directly with the court or the current Georgia statute (O.C.G.A. § 44-7-52) rather than relying on assumptions, and get help from legal aid as early as possible.

Official Legal Sources for Georgia

This page is based on Georgia state landlord–tenant law. Laws change — verify the current text directly against the official sources below. This is general legal information, not legal advice.

• Georgia landlord–tenant statutes (full text) — reproduced on this site from the public-domain Georgia Code, because Georgia publishes its official code only through a commercial service.
• Georgia Attorney General's Consumer Protection Division — Landlord-Tenant Issues and Handbook — official state resource.

Local ordinances may apply. This page covers Georgia state law. Your city or county may add protections — such as rent control, just-cause eviction, rental registration, or stricter housing codes — that change these rules. Check your local city or county ordinances.