Legal Question in Landlord & Tenant Law in Georgia

Boarding House

I rented a room. I gave the gentleman the housing contract. He wanted to look it over before he signed. He paid the first month rent. I gave him a receipt. That very same night he got arrested for DUI. He stayed in jail for several days. His things are still in the room - its been about a week and a half. Now he wants his money back because he hasn't stayed at the house and he did not sign the contract. Am I obligated to give him his money back?


Asked on 2/24/04, 9:37 pm

1 Answer from Attorneys
Wayne Wisong Wayne Wisong, Attorney at Law

Re: Boarding House

No. He is presumptively a month to month tenant. If you orally agreed to something else, he may be something else, but the mere fact it is not in writing does not excuse him from rent as long as he had the right to possession of the unit. Not using a unit is no defense to rent. No, it does not sound like you have to refund him anything.

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Answered on 2/29/04, 11:12 am


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