Legal Question in Credit and Debt Law in Georgia

Of course she can demand rent from you and proceed with eviction if you do not pay. You believe that not having a written contract somehow protects you, but apparently don't consider that you also don't have a contract allowing you to stay on someone else's property for free.

What does "rented" mean? Either you rented or you did not. While contracts relating to lands should be in writing, this was not a sale but a rental. See the statutes below. Presumably, there was part performance here wherby you paid monthly rental for some period in which case you would either be on a month-to-month tenancy or a tenant at will. Either way, the landlady can evict you for non-payment of rent and she can sue you to recover the past rental owed. As to what this will be will depend on the type of your tenancy.

You don't indicate whether you live there or just lease the land to farm it. Your best bet would be to relinquish the rental and try to make an accomodation with the landlady as to the past due rent. Howeever, you should speak to a real estate or landlord-tenant attorney if you live on the land.

� 13-5-30. Agreements required to be in writing

To make the following obligations binding on the promisor, the promise must be in writing and signed by the party to be charged therewith or some person lawfully authorized by him:

(1) A promise by an executor, administrator, guardian, or trustee to answer damages out of his own estate;

(2) A promise to answer for the debt, default, or miscarriage of another;

(3) Any agreement made upon consideration of marriage, except marriage articles as provided in Article 3 of Chapter 3 of Title 19;

(4) Any contract for sale of lands, or any interest in, or concerning lands;

(5) Any agreement that is not to be performed within one year from the making thereof;

(6) Any promise to revive a debt barred by a statute of limitation; and

(7) Any commitment to lend money.

� 13-5-31. Agreements enforceable without writing

The provisions of Code Section 13-5-30 do not extend to the following cases:

(1) When the contract has been fully executed;

(2) Where there has been performance on one side, accepted by the other in accordance with the contract;

(3) Where there has been such part performance of the contract as would render it a fraud of the party refusing to comply if the court did not compel a performance.

Oral leases can be enforced, and you don't get to stay for free just because the lease is oral.