Legal Question in Landlord & Tenant Law in Georgia

i gave a 30 day notice to vacate to my tennant on 8-1. he has paid no rent for august and now its spet 2 and he has not moved. we have a verbal lease. i went by his workplace and asked him to sign a paper stating that he would be out by the 14 of sept and he refused to sign it. what are the laws for ga? if we have a verbal lease and i evict him and he destroys the house, what recourse do i have?


Asked on 9/02/10, 12:42 pm

2 Answers from Attorneys

Phillip M. Cook Cook Legal Services, LLC

If there is no written lease, your tenant is a "tenant-at-will." Under Georgia law, you must provide him with 60 days written notice. If he does not get out after that 60 days, you can then go to the Magistrate Court in the County where the property is located an file a dispossessory action (eviction) against the tenant. Once the Court issues a judgment in your favor, the Court will instruct the Sheriff to go out and clear the property.

Best of luck.******The above is for informational purposes only and does not create at attorney-client privilege.*******

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Answered on 9/07/10, 12:47 pm
Scott Riddle Law Office of Scott B. Riddle, LLC

You can file an eviction now for a breach. A paper saying he will be out by any certain date, even if he signed it, is basically worthless.

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Answered on 9/07/10, 1:00 pm


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