Legal Question in Civil Litigation in Georgia

I've rented a room for over a year now from an owner.There were no contracts drawn up or signed in the beginning.I just recently got laid-off from my job of four years and i'm not yet a month behind on my rent.But trhis owner wants me out so my question is exactly how much time am i allowed leagally before i have to move.


Asked on 8/26/10, 8:00 am

4 Answers from Attorneys

Phillip M. Cook Cook Legal Services, LLC

That's an easy one. All rental situations without written agreements in the state of Georgia are considered a "tenancy at will." Georgia law guarantees tenants without lease agreements 60 days to vacate after being asked to leave by the property owner. Best of luck.

******The above is for informational purposes only and does not create an attorney-client privilege.*******

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Answered on 8/31/10, 8:12 am
Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

While Mr. Cook is generally correct, if you have breeched your lease (even a verbal one) by failing to pay rent, the landlord may demand immediate possession of the property (although at least a few days is typically given). And if you don�t leave voluntarily, they would then have to file a dispossessory action to forcibly evict you.

If you would like to discuss any issues further, please feel free to contact my office. The link to my contact information is below. Thank you.

The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.

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Answered on 8/31/10, 8:17 am
Scott Riddle Law Office of Scott B. Riddle, LLC

Keep in mind as you are looking for work (and a new place to live), that employers are checking credit reports, background checks, etc. Even if you have a legal right to stay longer, which is not necessarily the case, putting the landlord in a position of filing an eviction may seriously harm future employment possibilities if the lawsuit starts showing up on background checks. Sometimes standing on one's "rights" to the very end is not a good idea in the long run.

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Answered on 8/31/10, 8:21 am
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

You've received several good answers. If you actually can't afford to pay, see if you can reach an amicable deal to move soon and not hgave him sue you or report you on your credit. Get that in writing. As others noted, since you haven't paid, an eviction can be filed immediately.

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Answered on 8/31/10, 8:58 am


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